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THE UNIVERSITY 

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A DIGEST 



OF 

INTERNATIONAL LAW 

AS EMBODIED IN 

DIPLOMATIC DISCUSSIONS, TREATIES AND 

OTHER INTERNATIONAL AGREEMENTS, INTERNATIONAL 

AWARDS, THE DECISIONS OF MUNICIPAL COURTS, AND 

THE WRITINGS OF JURISTS, 

AND espp:cially in 

DOCUMENTS, PUBLISHED AND UNPUBLISHED, 
ISSUED BY PRESIDENTS AND SECRETARIES OF STATE OF 

THE UNITED STATES, 

THE OPINIONS OF THE ATTORNEYS- GENERAL, AND THE 

DECISIONS OF COURTS, FEDERAL 

AND STATE. 



JOHN BASSETT MOORE, LL. D., 

Hamilton Fish Professor of Inteniational Law and Diplomacy, Colmiibia University, 
New York; Associate of the Institute of International Law; Sometime 
Third Assistant Secretary of State and Assistant Secre- 
tary of State of the United States; 
Author of a Treatise on Kxtradition and Interstate Rendition, of American Notes on 
the Conflict of Laws, of a History and Digest of International Arbitra- 
tions, of an Exposition of the Spirit and Achievements 
of American Diplomacy, etc. 



IN EIGHT VOLUMES 

(THE EIGHTH BEIN(; INDEXICAL). 



VOLUME VI. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1906. 



/'■■/ 



-'tl 



7^' 



CONTENTS OF VOLUME VI. 



Chaptkk XIX. 
INTEEVENTION. 



I. Political intervention. 

1. General principles. § 897. 

2. Policy of nonintervention. 

( 1 ) Declarations of policy. § 898. 

(2) The French revolntion. § 899. 

(3) Spain and her colonies. § 900. 

(4) Greek independence. § 901. 

(5) Hungarian revolution. § 902. 

(6) Chile-Peruvian war. § 903. 

(7) Sympathy with liberal political struggles. § 904. 

(8) Hospitality to political refugees. § 905. 

3. Intervention in Cuba. 

(1) Eelations, 1825-1867. § 906. 

(2) Ten years' war, 1868-1878. § 907. 

(3) Insurrection of 1895. § 908. 

(4) Resolution of intervention. § 909. 

(5) The Republic of Cuba. § 910. 

4. Good offices. § 911. 
II. Nonpolitical intervention. 

1. Protection of citizens. §912. 

2. Denial of justice. § 913. 

3. Criminal proceedings. 

(1) Jurisdiction and procedure. §914. 

(2) Requests for information. §915. 

4. Debts and contracts. § 916. 

5. Joint action; concerted action. §917. 

6. Attempts to limit intervention. 

(1) By contract. § 918. 

(2) By legislation. § 919. 

7. Good offices. 

(1) Matters of business. § 920. 

(2) Appeals for clemency. § 921. 

8. Protection of missionaries. § 922. 

9. Intercession for persecuted Jews. 

(1) Alohammedan countries. §923. 

(2) Case of the Mortara boy. § 924. 

(3) Russia. § 925. 

(4) Roumania. § 926. 

UI 



IV CONTENTS OF VOLrME VI. 

CHAITEK XX. 

THE MONROE DOCTRINE. 

I. F-iirly (»xi»ro.-».-;i()n.>j of AiiK-riran jxdicy. § lt27. 

II. Hr.«.liitiuiis ju< to tlu' Fl<.ri<hi.«. §928. 

III. Kovolution in Spani.-'h Amerira. § 929. 

IV. The IIolv Alliaiuv. 

1. Treaty of S*'i)teinl>er 2(5, 1815. § 930. 

2. Aiixi«'ty a.'j to Cuba. § 931. 

3. CanniiiK-KiJ.«h nejrotiatious. § 932. 

4. Moiiroi'-Jeffi'rson-Madi.ion forn'spoiKlciirt'. § 933. 

5. A«lani.«-Tiiyll coriv.'^i^milcnce. § 9."y. 
<>. Cabiin't (h'lilHTations. § W.i.'S. 

V. ^lonroo's iiu's.><jijrt', IVctMiilKT 2, 1823. § 9.3H. 
VI. ('oiit»'iii|>orary acts ami exjxK'iitions. § 9.37. 
VII. Kiijilish action and oi)'mioii. §938. 
VI H. The noncolonization j»rinciiile. 

1. ControverHy with Russia. § 939. 

2. The Panama Conprc.'<.s. § 940. 

3. President Polk's Mies.«ajje, 1845. § 941. 

4. Ca!-e of Yucatan. § 942. 

5. Later illustrations. § 943. 

IX. SiH'cial applications of Monroe doctrine. 

1. .\rpentine Kepublic. § 944. 

2. Holivia. § 945. 

3. Hrazil. § 94r). • 

4. Central .America. § 947. 

5. Chile. § 948. 

f). Colombia. § 949. 

7. Cuba. 

(1 ) Declarations of policy. § i)50. 

(2) Refusal of neutralization. § 951. 

(3) IndejKMidence. § 952. 

8. Kcuador. § 953. 

9. Hayfi. § 9.54. 

10. Mexico. 

(1) KurojH'an interference opposed, 1825-1860. §955. 

(2) Rej.risals by allied jM)wers, 18()l-2. § 956. 

(3) French intervention, 1862-1867. § 957. 

(4) Prevention of Austrian aid, 1866. § 958. 

11. Peru. § 959. 

12. Santo Doniin^ro. 

(1) American-FnrojK'an intervention, 18.50-51. § 9()0'. 

(2) Spanish reannexation, 1861-18«>5. § 961. 

(3) Protocol of February 7, H>05. § 962. 

13. Kepublic of Texas. § !H)3. 

14. Venezuela. 

( 1 ) I'se of ^rood otlices. § 964. 

(2 I .\voidance of joint action. § SX)5. 

(3) Territorial integrity. § 966. 

P.oundary with Rritish (iuiana; Mr. Olney's instructions, 
July 20, 1895; Ixjrd Salisbury's resiMinse, Novemt)er 26, 
1895; President Cleveland's s|)ecial measajre, Decend>er 17, 
1895; arbitral settlement. 



CONTENTS OF VOLUME VI. V 

IX. Special applications of Monroe doctrine — Continued. 
14. Venezuela — Continued. 
(4) Claims. § 9G7. 

Dii^cussion of 1880-81. 

Germany, Great Britain, and Italy, 1902-3. 
Argentine propositions. 
X. General expositii)ns. § 968. 
The Hague declaration. 

President Roosevelt's annual messages, 1901, 1902. 
Coinnienta of i)ul)licists. 
XI. Intt^rnational American conferences. § 909. 

CltAPTEK XXI. 

CLAIMS. 

I. Mode of presentation. 

1. Against the United States. § 970. 

2. Against foreign governments. § 971. 

3. Petition and proof. § 972. 
II. Prosecution. 

1. Discretion as to presentation. § 973. 

2. Obstacles to presentation. 

(1) Objections based on public policy. § 974, 

(2) Loss of right to national protection. § 975. 

(3) Censurable conduct of claimant. § 976. 

(4) (Question of unneutral transacition. § 977. 

3. Discretion as to time and manner of pressure. § 978. 

III. Conditions of intervention. 

1. Citizenship as a rule essential. § 979. 

2. Declaration of intention insufficient. § 980. 

3. Naturalization not retroacti'\ e. § 981. 

4. Right of interposition not assignable. § 982. 

5. Not derivable from partnership association. § 983. 

6. Corporations. 

(1) Interposition in behalf of tlie corporation. § 984. 

(2) Interposition in behalf of security hoMers. § 985. 

IV. (irounds of intervention. 

1. Denial of justice. § 986. 

2. Local remedies must, as a rule, be exhausted. § 987. 

3. Local remedies need not be exhausted. 

(1) Where justice is wanting. §988. 

(2) Where they hav(! been superseded. § 989. 

(3) Where they are insufiicient. § 990. 

4. Unjust judgments not internationally binding. § 991. 

5. Unjust discriminations. § 992. 
•6. Claims to land. 

(1) Titles exclusively determinable by /(■.'• rei sit;r. § 993. 

(2) Denial of justice may afford gromid for intervention. § 994. 

7. Contract claims. 

(1) Not, as a rule, officially presented. § 99.5. 

(2) Exception where diplomacy is the only met liod of redress. 

§ 996. 

(3) Confiscatory l)reaches of contract. § 997. 



VI CONTENTS OF VOLUME VI. 

V Acts of aiitliorities. 

1. Who may 1h* ronsideriil ;is "authorities." § 998. 

2. Resi>oiisihility for tlieir ai'tf. 

(1 ) Within wcope of ageucy. § 999. 

(2) Outside scojje of agency. §1000. 

(3) Exaction of rtnln's.^ for outrajies. § 1001. 

3. Judicial authorities. § 1002. 

4. Sanitary niea^ure-s. § 1(X)3. 

5. Tariff changes. § 1004. 

»>. I»cl)ai!eincnt of the currency. § 10<15. 

7. I'atents and inventions. § 1006. 

8. "Unclaimed ei^tiites " claims. § 1007. 

9. Liability for torts of pubhc ships. § 1008. 
10. .Vets of soMiers. § lOOt*. 

^'I. .\rrest and imprisonment. 

1. Indemnity not demanded where j>roceeding8 are regular. § 1010. 

2. Reparation for false or irregular arrest. §1011. 

3. Wrongful arrest and maltreatment. §1012. 

4. Imprisonment in violation of treaty right. § 1013. 

5. Enforccnl lalM)r in ca.«e of persons accu.se<l. § 1014. 

6. Detention of witnesses. § 1015. 

7. Martial law. § 1016. 

8. Protocol with Sjain, 1877. § 1017. 
VII. Expulsion. § 1018. 

VIII. .Vets of private jHTsons. 

1. (iovernments, as a rule, not liable. § 1019. 

2. Liability may result from negligence. § 1020. 

3. Brigandage. § 1021. 
IX. Molt vioi«'ncc. 

1. Destruction of French privateers, 1811. §1022. 

2. Kiots at New Orleans and Key West, 1851. § 1023. 

3. Panama riot, 1856; Fortune P.ay case, 1878. § 1024. 

4. Attacks on Chinese at liock Springs and elsewhere. § 1025. 

5. Lynching of Italians at New Orleans and elsewliere. § l()2t). 

New Orlean.s, 1891; Coh.rado, 1895; llahnville, I^i., 1896; 
Tallulah, I^., 189*); Erwiii, Mi.s.s., 1901. 

6. Cast! of Bain and other ca.<es. § 1027. 

Bain's case; ca.«es of Moreno and Suju«te. 

7. Case of Don Pacifico. § 1028. 

8. Case of V. S. S. Boll imure and other (a.-es. § 1(»29. 

lioltlmdTi' ca.«e; ca.«e of Alfonso XII; Caroline Islands ca.>«. 

9. Ca.-es in Turkey. § 1030. 

10. Killing of rioters by authorities. §1031. 
X. Claims ba.«ed on war. 

1. Indemnity not usually allowed on account of ojterations of war. 

§ 1032. 

2. K<»r .«ei/ing resources of the enemy. § 10.33. 

3. Com|H'nsation for jtrojH'rty taken for belligerent use. § 10.34. 

4. Claims for end)argoes. § 1035. 

5. F(irced loans. § 1036. 

6. Damages for wanton or unlawful acts. § 1037. 

7. l2"estion <>i reconcentnition. § 1038. 

8. Question as to comi)en.sation for cable cutting. § 1039. 



CONTENTS OB' VOLUME VI. VII 

XI. Bombardments. 

1. Greytown. § 1040. 

2. Val'paraiHo. § 1041. 

3. Goods in public warehouse. 

(1) Antwerp, 1830. § 1042. 

(2) Messina and elsewhere. § 1043. 
XII. Acts of insurgents. 

1. Opinions of publicists. § 1044. 

2. Denials of liability. § 1045. 

3. Assertions of liability; grants of comj^ensation. §1046. 

4. Indemnity for acts of successful revolutionists. § 1047. 

5. Payment of duties to insurgents. § 1048. 

XIII. Neutral rights and duties. 

1. Violation of neutral rights. § 1049. 

2. Failure to perform neutral duties. § 1050. 

XIV. Defenses. 

1. Part payment. § 1051. 
• 2. Limitation and prescription. § 1052. 

3. Effect of war. § 1053. 

4. Question of claimant's character or conduct. § 1054. 

XV. Power to settle. 

1. (iovermnental control. § 1055. 

2. National neglect or sale of claim. § 1056. 

French spoliation claims. 

3. Right to withdraw or abandon § 1057. 

XVI. Damages. 

1. Measure of damages. § 1058. 

2. Interest. § 1059. 
XVII. Payment §1060. 

XVIII. Nonpecuniary redress. 

1. Cession of territory. § 1061. 
2 Apology. §1062. 

3. Salute to the flag. § 1063. 



CHAPTER XIX. 

INTERVENTION. 

I. Political Intervention. 

1. (Jeneral principles. § 897. 

2. Policy of nonintervention. 

(1) Declaration.s of policy. §898. 

(2) The French Revolution. § 899. 

(3) Spain and her colonies. § 900. 

(4) Greek independence. § 901. 

(5) Hungarian revolution. § 902. 

(6) Chile-Peruvian war. § 903. 

(7) Sympathy with liberal political struggles. § 904. 

(8) Hospitality to political refugees. § 905. 

3. Intervention in Cuba. 

(1) Relations, 1825-1867. § 906. 

(2) Ten Years' war, 1868-1878. § 907. 

(3) Insurrection of 1895. § 908. 

(4) Resolution of intervention. § 909. 

(5) The Republic of Cuba. § 910.. 

4. Good offices. § 911. 
II. NoNPOLiTicAL Intervention. 

1. Protection of citizens. § 912. 

2. Denial of justice. § 913. 

3. Criminal proceedings. 

(1) Jurisdiction and procedure. § 914. 

(2) Requests for information. § 915. 

4. Debts and contracts. § 916. 

5. Joint action ; concerted action. § 917. 

6. Attempts to limit intervention. 

(1) By contract. § 918. 

(2) By legislation. § 919. 

7. Good offices. 

( 1 ) Matters of business. § 920. 

(2) Appeals for clemency. § 921. 

8. Protection of missionaries. § 922. 

9. Intercession for persecuted Jews. 

( 1 ) Mohammedan countries. S 923. 

(2) Case of the Mortara boy. § 924. 

(3) Russia. § 92,5. 

(4) Roumania. § 926. 

H. Doc. 551— vol 6 — ^1 



2 INTERVENTION. [§ 897. 

I. I'OI.ITICM. l\Th:RVi:\TIO\. 

1. (Jenerai. Pbinciples. 

vj 8J)7. 

" Intorvontion." says Hall, "takes placv when a state interferes in 
the relations of two other stat«»s without the consent of both or either 
of them, or when it interferes in the domestic affairs of another state 
irresl)e(•ti^«'ly of the will of the latter for the purpose of either main- 
taining or alterinij the actual condition of things within it. Prima 
f(ir!r intervention is a hostile act, because it constitutes an attack upon 
the independence of the state subjected to it. Nevertheless its i)Osi- 
tion in law is somewhat equivocal. Regarded from the point of view 
of the state intruded upon it must always remain an act which, if 
not consented to, is an act of war. But from the point of view of 
the intervening power it is not a means (►f obtaining redress for a 
wrong done, i)ut a measure of |)revention or of police, undertaken 
sometimes for the express ])urpose of avoiding war. . . . Hence 
although intervention often ends in war, and is sometimes really war 
from the counnencement. it may be conveniently considered abstract- 
edly from the pacific or belligerent character which it astiuines in 
different cases." 

H.ill. Int. Law. .")tli e<l. 284. 

S«'e lUuntsclili. trans, by Lnnly. od. 1.S81. §§ i>Sr-i\'.). 4:51-141. 474-i80; 
Roiifils-Faucliille. Manuel, ed. i;>01, S§ 2'.>.V:{"_>:{ ; Creasy. IMi-st IMat- 
forni. 27S-2!m;; Ilcffter. licrirson's cd. iss:?. §S 108-111; Phillimore, 
:'.<1 (h1.. I. .").•{-< ;:{8 : Wheaton. Dana's oil.. SS 12.">-'l3.T 

Much that is found on the subject of intervention in the books on 
international law is specially applicable to the situation in Europe, 
and can l)e applied only indirectly or by analogy to the situation in 
America or in other parts of the non-European world. 

Thus, coupled with intervention on the ground of self-prest»rvation. 
which is of course universally aj^plicable, we find intervention to 
preserve rights of succession, which has never been exemplified in 
.Vmerica. 

Wo also find in the books the following additional causes assigned 
as grounds of intervention: 1. Intervention in restraint of wrong- 
doing (1) against illegal acts, (2) against immoral act.s. 2. Inter- 
vention under a treaty of guarantee. 8. Intervention by invitation 
of a party to a civil war. 4. Intervention under the authority of 
the Ixxly of states. 

Hall. Int. Law. .".th (m1. 28.".-21X;. 

See \)i' .M.irteiis. rr.'iis. 8 7.".; ("alvo. Lc Droit Int. §§ 141-142; Fiore. I. 
421-455; .Mamianl, UKj-loi. 112. 



§ 897.] GENERAL PRINCIPLES. 3 

As to intervention to iireserve the ijalance of jtower in Eurojie, .see Philli- 
more, 2d ed., I.. Preface, vii-ix. 

As an example of intervention to put an end to abhorrent conditions, the 
case of Bulgaria in 1876 may be taken. 

As an example of intervention on the invitation of the parties to a civil 
war, we may take the case of Belgium, in IWO, which is fully nar- 
rated in Wheaton's History of the Law of Nations, pt. 4. sec. 26. 

As an exami)le of intervention under the collective authority of a body 
of states. Kolin-,Tae<iuemyns cites the ca.se of Turkey, as regulated 
by the concert of the (Jreat Powers. (Rev. de Droit Int. XVIII. 
603.) After the war of 1897 the powers intcveued in behalf of 
Gree<*e. and regidate<l the affairs of Crete. 

"As the government of the United States of America is not in any 
sense founded on the Christian religion; as it has in itself no char- 
acter of enmity against the laws, religion, or tranquillity of Mussel- 
men ; and as the said States never have entered into any war or act 
of hostility against any Mehomitan nation, it is declared by the 
])arties, that no pretext arising from religious opinions shall ever 
produce an interruption of the harmony existing between the two 
countries." 

Art. X., treaty between the I'nited States and Tripoli, signed by Hassan 
Bashaw and .loel Barlow, Jan. 3, 1797. See, al.so, Moore, American 
Diplomacy. i;W-135. 

See. also. Art. XIV.. treaty with Tripoli, 180.1. 

"As the government of the I'nited States of America has. in itself, no 
character of enmity against the laws, religion, or tranquillitj' of any 
nation, and as the said States have never entered into any voluntary 
war or act of hostility except in defense of their just rights on the 
high .seas, it is declared, by the contracting parties, that no pretext 
arising from religions opinions shall ever produce an interruption of 
the harmony existing between the two nations ; and the consuls and 
agents of both nations shall have libert.v to celebrate the I'ites of 
their respective religions in their own houses." (Art. XV., treaty 
with Algiers. .luiie .SO, 1815. and treaty of Dec. 22, 1816.) 

" Phillimore (I. ccccii-iv) is the only writer who seems to sanction inter- 
vention on the ground of religion." (Hall, Int. Law, 5th ed., 291.) 

The laws of Turkey " whereby the penalty of death is denounced 
against the Mussidman who embraces Christianity," however out- 
rageous, do not justify an appeal from this Government for their 
repeal. 

Mr. Marcy. Sec. of State, to Mr. Si)ence, Dec. 28. 1855, MS. Inst. Tur- 
key, I. 392. 

"The main difficulty connected with intervention is the following: 
Tt may he admitted that there are possibilities of 'tyrannical usage, 
barbarous practices, or ]x>rsistent and hopeless aiuirchy. out of which 
the friendly aid of a generous, impartial, and truly disinterested by- 



4 INTERVENTION. [§ 897. 

standor may 1h> tlic only way to a dclivoranco. But two cautions 
have to Ik' inti-iposeil : First, it has to be provided that the aid is ac- 
conh'd at a time and under circumstances which do not in any way 
prejudjre tlie issue of a stru<r^le yet undetermined, and which oujrht, 
in the interests of the state concerned, to he decicUnl by the real and 
internal, and not i>y the factitious and external, elements of victory. 
The imj)ortance of this consideration was sifjnally illustrated in the 
late insurrection of the Southern States of the American Union, and 
in the controversy that lon^ hun^ round the (piestions whether Eng- 
land had chosen the proper moment for according to the Southern 
Confederacy the rights of a belligerent state, and what was the 
meaning and j)olitical significance of recognition for belligerent pur- 
pos<»s. ... A second caution in respect of intervention is, that, 
admitting the i)ropriety and duty of intervention in certain extreme 
crises, it is always open to a state, influential, designing, and unscru- 
pulous, to foster in another state, subject to moral control, the very 
condition of things which will, sooner or later, bring aliout a fit 
()|)|)(>rt unity for its own overt interference. Whether Kiissia was 
guilty of this conduct in the case of the late Servian war and the 
Ilerzegovinian insurrection, is of less inii)()rtance here than the fact 
that she was constantly reproached with it. It is a danger which is 
almost inherent in the nature of the doctrine of a right of interven- 
tion in certain emergencies.*' 

Amos. Ueniedics for War (X. Y. 18S0). (!(). 

See nil article l)y Mr. Senior, 77 Ediiiburtrti Review (184.'i). IVM, '.^^>H. 

See. iilso. liritish Cirt-ulnr. .Tan. U). ISlil. S V,r. & For. State Papers 
( IS-Jo-'iil ». ll«ki. 

As to tile circnlar issued l).v Russia, when France and (Jreat Britain sus- 
pendc<l diplomatic relations with Naples because of tlie inhumanity 
with which the latter was ruled. se<^ .\rartin. Life of the Trince Con- 
.sort. III. .">lo. 

On Sei)t. 'Jc,. 1S1.">. the Emperors of Austria 'and Russia and the King of 
Prussia conchuh^l at Paris a treaty which was known as the Holy 
Alliance. In course of time this league, the object of which was pro- 
f«'ss(Hlly l)en(>volent. came more and more to assume the form of a 
league for the protection of the principle of " legitimacy " against the 
eiK-roacliiiieiit of liberal ideas. The league was joined by the King of 
France. Congresses of the a!li<'s wen- held at .Vi.\-l;i-('hapelle. 
Troi>p;m. and Layl>acli : and i>o|)ular niovenients were su|)pressed in 
Piedmont and Naples. In 1S'_»:{ France, acting for her a.ssociates, 
interv«MUHl in Spain, for the purjKtse of restoring the alisolute mon- 
arch Ferdinand VII. .V proposal to intervene to restore to Spain lier 
colonies in America le<l to the promulgation of the .Monroe doctrine. 

The " symj)atliy " expressed in the Tnited States with the Greek 
insurrection against Turkey never took (he shape of intervention. 
Of the inter\entioM of (treat Hritain. I'' ranee, and* Kiissia in that 
struggle. Mr. Alxly. in his edition of Kent, thus speaks: "The inter- 
vention . . . was based on three grounds. First, in order to 



§ 897.] GENERAL PRINCIPLES. 5 

comply with the request of one of the parties; secondly, on the ground 
of humanity, in order to stay the effusion of blood; and, thirdly, in 
order to put a stop to piracy and anarchy. If the recognition of the 
Greek insurgents and the intervention in their favour are to be looked 
upon as jn'ecedents, it is fitting that all the facts connected with them 
should be investigated, all the documents examined, and a careful dis- 
tinction made Ix'tween the policy and the legality of what was done. 
And then, in spite of the vigorous defense of the British minister of 
the day, it is difficult to withhold our assent from the judgment passed 
by an able writer of our own time [Sir W. Harcourt, in ' Historicus '] 
upon the event, when he says that ' The emancipation of Greece was a 
high act of policy above and beyond the domain of law. As an act 
of policy it may have been and was justifiable; but it was not the 
less a hostile act, which if she had dared Turkey might projjerly 
have resented by war.' " 

Abdy's Kent (1878), 50. 

It is not permissible for one sovereign to address another sovereign on 

political (jnestions pending in the latter's domains unless invited so 

to do. 

The treaty between France, Great Britain, and Russia, signed at 
London July 0, 1827, for the pacification of Greece, sets forth the 
specific grounds on which the three powers intervened. In the pre- 
amble the contracting parties declare that, " penetrated with the 
necessity of putting an end to the sanguinary struggle which, while 
it abandons the Greek provinces and the islands of the archipelago 
to all the disorders of anarchy, daily causes fresh impediments to 
the commerce of the states of Europe, and gives opportunity for acts 
of piracy which not only expose the subjects of the high contracting 
parties to grievous losses, but also render necessary measures which 
are burthensome for their observation and suppression;'' and that 
two of tlie high contracting parties (France and Great Britain) hav- 
ing besides " received from the Greeks an earnest invitation to inter- 
pose their Mediation with the Ottoman Porte,'" and being, together 
Avith the Emi)er()r of Russia, " animated with the desire of putting 
a stop to the efl'usion of blood, and of preventing the evils of every 
kind which the continuance of such a state of affairs may produce," 
they had all resolved to combine and regulate their efforts by a formal 
treaty with a view to reestablish peace between the contending parties 
by means of an arrangement demanded " no less by sentiments of 
humanity, than by interests for the tranquillity of Europe." 
Ilertslet's Map of Europe by Treaty. I. 7t>0-770. 

" Her Majesty's government deejily lament the outbreak of hos- 
tilities in North America, and tiiey would gladly lend their aid to the 
restoration of peace. 



6 INTERVENTION. [§ 897. 

" You are instructed, therefore, in case you should be asked to 
enij)loy vour (rood offices either singly or in conjunction with the rep- 
resentatives of other powers, to give your assistance in promoting the 
work of reconciliation. 

" But as it is more probable, especially after a recent letter of Mr. 
Seward, that foreign advice is not likely to be accepted, you will 
refrain from offering it unasked. Such being the case, and suppos- 
ing the contest not to lie at once ended by signal success on one side 
oi- by the return of friendly feeling between the two contending jiar- 
ties. her Majesty's government have to consider what will be the 
j)osition of (ireat Britain as a neutral between the two b<»lligerents. 

," So far as the position of (ifreat Britain in this respect toward the 
European jiowers is concerned, that position has been greatly modi- 
fied by the Declaration of Paris of April 16, 185()." 

Earl Russell, British for. sec., to Lord Lj'ons, British min. at Washington, 
May 18, 1801, 55 Brit. & For. State Paiiers, 550; Dip. Cor. 1861, 131. 

" The steadfast determination of the [British] government neither 
to say nor do anything which could reasonably be construed into an 
interference [in the civil war in the United States] was tested in 
Xoveml)er. 1802, when it was proposed b}^ the Emperor of the French 
that the courts of France, Russia, and Great Britain. should tender 
their good offices to both belligerents, in the hope of preparing the 
way for an accommodation. M. Drouyn de Lhuys, in addressing him- 
self to the British government, dwelt on the ' innumerable calamities 
and immense bloodshed ' which attended the war, and on the evils 
which it inflicted upon Euroj^e. The two contending parties, he said, 
had up to that time fought with balanced success, and there appeared 
to l)e no probability that the strife would soon terminate. He pro- 
posed, therefore, that the three courts should join in recommending 
an armistice for six. months, during which means might be discovered 
for effecting a lasting pacification. The British government de- 
clined to take part in such a recommendation, being satisfied that 
there was no reasonable jirospect of its IxMug entertained by that of 
the United States." 

r.criianl. The Neutrality of (Jreat Brit.iin duriuj; the .Vnieriean Civil War, 

4r,7-4r>t. 
The proposal was also rejected hy Kiissia. unless it should he found to he 

a(<epta!»le to lK)th |»arties. (Dip. Cor. 18<W, II. 765, 768.) 

"'As soon as the news of the second battle of Bull Run reached 
England, Pahnerston sent a note to Russell in which he spoke pre- 
cisely but unsymi)athetically of the result as 'a very complete 
; mashing ' of the Federals. Tie also suggested that, in case Balti- 
iii<»i-e or Wa.shington should fall into the hands of the Confederates, 



§ 897.] GENERAL PRINCIPLES. 7 

it would be time for Great Britain and France to address the con- 
tending parties and recommend an arrangement upon the basis of 
separation. Russell expressed the opinion that what was known 
already would warrant ' offering mediation to the United States, with 
a view to the recognition of the indei^endence of the Confederates,' 
. . . October 80, 18G2, he [Louis Napoleon] instructed the French 
ambassadors to Great Britain and to Russia to invite those powers 
to join France in requesting the belligerents to agree to an armistice 
of six months, so as to consider some plan for bringing the war to 
an end. . . . (Jreat Britain promptly and unqualifiedly declined 
the proposition. . . . The complete change of mind on the part 
of Palmerston and Russell was probably due to three facts, which 
they had not anticipated : The ' smashing ' of the Federals at Bull 
Run did not demoralize the Washington Government or lead to 
other results that were expected ; the Confederates had lost in Mary- 
land the prestige they had won in Virginia; and the preliminary 
proclamation of emancipation showed that the war was to become 
positively antislavery. . . . Russia's reply to Napoleon was also 
discouraging. She was unwilling to adopt the proposed course be- 
cause she believed that it would not lead to peaceful results; yet if 
France and Great Britain should agree to act together on this ques- 
tion, Russia's reprsentative at Washington would be instructed to 
lend to his colleagues, ' if not his official aid, at least moral support.' " 

Bancroft, Life of Seward. II. .304, 307, 308, citing 2 Walpole's Russell. 
349 ; Dip. Cor. 18(12, 405 ; Dip. Cor. 1863, I. 3. 

" Your private letter of October 7th has been receivetl. There was no 
mystery in the Department's reply to Prince GortschakoCf. His ad- 
mirable letter was throughout responsive to our own past communi- 
cations through Mr. Clay to Russia. We are not prepared to accept 
counsels of mediation with the rel)els. although they were gener- 
ously offered. We could not, without rudeness, distinctly decline 
them. We were grateful for the generosity of the Czar, so strik- 
ingly in contrast with that of some other iKjtentates, and at the same 
time thought it proper to avoid any seeming excitement resulting from 
it. The occasion was a proi)er one for showing that, as we are not 
provoked by Eui'opean hostility, we are not unnaturally flattered by 
European friendship." (Mr. F. W. Seward, Acting Sec. of State, to 
Mr. Harvey, No. 1(> (private), Nov. 5, 1861, MS. Inst. Portugal. 
XIV. 219.) 

" There are speculations in the European press of propositions by some of 
the southern European powers to the states of northern Europe, 
for their concurrence in representations to be made to us. with a 
view to produce a defle.xion from the policy of maintaining the 
union, which has been hitherto so constantly pursued. While we at- 
tach no credit to these rumors, the President nevertheless expects 
that you will be watchful of any such designs. There is only one 
road to peace in this country, and that is the one which tin* gov- 
ernment has adopted under the inspiration of the will of the ua- 



8 INTERVENTION. [§ 897. 

tlon." (Mr. Seward, Sec. of State, to Mr. Cameron, min. to Rus- 
sia. No. ti. June 2:5, 18«;2, MS. Inst. Russia, XIV. 2G4.) 

"The ex|ilanations of the views of the Russian government made to you 
by Print-e Gortchacow, and his assurances of its fidelity and constancy 
tt>\vards the Tnited States are deeply interesting and eminently 
gratifying. . . . Naturally the first thought which, in a time of 
apiiarcnt danger to our country, occurs to a foreign friend is the 
desirableness of an adjustment or arrangement of the strife. This 
suggestion is enforcetl by a contemplation of the calamities and 
sufferings which are wrought upon the battlefield. The generous 
mind, glowing with friendly zeal, refu.ses to admit the fact, however 
obvious, that composition of such troubles is impossible. This has 
been the case, especially with the excellent Russian minister pleni- 
IK>tentiary here. He has for some time pressed upon us the same 
sentiments \vhi<'h were expressed to you by Prince Gortchacow. 
Mr. Adams has informed us that liaron Brunnow. at London, has 
equally urgetl them, though with great delicacy, u\k)\\ him. The 
Russian government Jieed not dcmbt for a moment that the Presi- 
dent will hail the first moment when any proposition of peace can be 
made which will arrest the strife without a sacrifice of the nation's 
Con.stitution and life. That period can not now be far off." (Mr. 
Seward, Sec. of State, to Mr. Taylor, charge at St. Petersburg, No. 5, 
Nov. 22. 18*52, MS. Inst. Russia, XIV. 207.) 

Dec. 14, 18(52, Mr. Seward enclosed to Mr. Taylor, for the latter's infor- 
mation, a copy of his No. 2()3, of Dec. l.S, 18(>2, relative to the pro- 
positi of the French Emperor to (ireat Britain to unite in recom- 
mending an armstice. (Mr. Seward, Sec. of State, to Mr. Taylor, 
charge at St. Petersburg, No. 8, Dec. 14, 1802, MS. Inst. Russia, 
XIV. .301.) 

With reference to " the report of an intended new design " on the part of 
the French Emperor " to projmse mediation in our civil war," Mr. 
Seward wrote : "Any such proceeding would meet with a prompt 
and de<'ided answer from the I'nited States. The principle of for- 
eign mediation in our affairs can not be, in any form or under any 
circumstan<'es. admitted. You will make this explanation, or re- 
frain from making it, in the exercise of your own discretion." 
(Mr. Seward, Sec. of State, to Mr. Dayton, min. to France, No. 621, 
.July .SO, 18«U, Dip. Cor. 18(54. III. 134-1.35.) 

A copy of the foregoing instruction was sent to Mr. Adams, at Ix)ndon. 
(Mr. Seward. S<m'. of State, to Mr. Adams, min. to England. No. 1058, 
Aug. 1, 18(>4. MS. In.st. (Jr. Br. XIX. 411.) 

" I leave the French proj)osal to take its phice ainon^ the inciients 
already past of the lamentable civil war of which we a^ain think we 
are beginning to see an approaching end." 

Mr. Seward, Sec. of State, to Mr. Adams, min. to England. No. 414, Nov. 
.M). 18(52. Dip. Cor. 18(5.3. I. 2. 

See circular of Mr. Seward to the diplomatic officers of the United 
States. No. 20. .\ug. 18. 1S(52. giving the views of the President as to 
any iK)ssible attempt at intervention or mediation by Euroi)ean 
Ijowers in the American civil war. (Dip. Cor. 18(>2, 17(>.) 



§ 897.] GENERAL PRINCIPLES. 9 

In a circular to the diplomatic officers of the United States, March 
9, 1863, Mr. Seward transmitted a copy of concurrent resolutions of 
Congress concerning intervention in the civil war. These resolu- 
tions recited that it apj^eared from the diplomatic correspondence 
submitted to Congress that a proposition, friendly in form, looking 
to pacification through foreign mediation, had been made to the 
United States by the Emperor of the French and promptly declined 
by the President, and that, as the idea of mediation or intervention in 
some shape might be regarded by foreign governments as practicable, 
and as such governments might thus be led to proceedings tending to 
embarrass the friendly relations existing between them and the 
United States, it seemed fit, in order to remove all chance of mis- 
understanding on the subject and to secure for the United States the 
full enjoyment of that freedom from foreign interference which was 
one of the highest rights of independent states, for Congress to de- 
clare its convictions on the subject. The resolutions concluded by 
announcing it as the " unalterable purpose " of the United States 
that the war would be " vigorously prosecuted, according to the 
humane principles of Christian states, until the rebellion shall be 
overcome." 

Dip. Cor. 18G3, II. 812-814. 

As to rumors of intervention on the part of France, see Dip. Cor. 1862, 
173 et seq. 

The French minister of foreign affairs declared that no thought of inter- 
vention was entertained. (Dip. Cor. 1862, 404.) 

" Your despatch of August 20tli has been submitted to the President. I 
give you herewith extracts from Mr. Dayton's latest conmuinica- 
tion treating of French proposals for British intervention in our 
affairs, and of the condition of Mexico. We are quite sure that the 
Fi'ench government can not practice insincerity in its official com- 
munications with us. You will perceive, therefore, that what your 
informant in Scotland told you in regard to the Emperor is erro- 
neous. You have confirmed the expectations which we had enter- 
tained concerning the opinion of Great Britain in regard to the pro- 
ceedings of the Emperor in relation to Russia, and in relation to 
Mexico. What seems difficult to understand here, however, is that 
Great Britain gives no indications of concurrence in these opinion.^, 
and that the press of the country seems to become more intolerant 
of the United States the more clearly the failure of the intervention 
is revealed." (Mr. Seward, Sec. of State, to Mr. Adams, min. to 
England. No. 700, Sept. 5, ISaS, MS. Inst. Great Britain, XIX. 5.) 

" The correspondence which took place between this government 
and that of Her Majesty at an early stage of the insurrection shows 
that the United States deemed the formation of a mutual engagement 
by Great Britain with France, that those two powers would act in con- 
cert with regard to the said insurrection to be an unfriendly j)roceed- 
ing, and that the United States, therefore, declined to receive "ffom 



10 INTERVENTION. [§ 897. 

either of those powers any communication which avowed the existence 
of such an arran<>:enient. I have, therefore, now to regret that Earl 
Russell has thou<i:ht it necessary to inform this government that Her 
Majesty's government have found it expedient to consult with the 
government of France upon the question whether Her Majesty's gov- 
ernment will now recognize the restoration of peace in the United 
States. 

/• It is a further source of regret that Her Majesty's government 
avow that they will continue still to require that any United States 
cruisers which shall hereafter be lying within a British port, harbor, 
or waters, shall Ih' detained twenty-four hours, so as to afford an 
<)pj)()rtunity for any insurgent vessel, she actually being within the 
said port, harbor, or waters, to gain the advantage of the same time 
for Iku* departure from the same port, harbor, or waters." 

Mr. Seward, Sec. of State, to Sir F. Bruce, Brit, mln., June 19, 18(55, Dip. 
Cor. \8m, I. 407, 408. 

" The fact that the national attachment of this country to France is 
so j)ure and so elevated, constitutes just the reason why it could be 
more easily supplanted by national insult or injustice than our attach- 
ment to any other foreign state could be. It is a chivalrous sentiment, 
and it must be preserved by chivalrous conduct and bearing on both 
sides. I deduce from the two positions which I have presented a con- 
clusion which has the most solemn interest/ for both parties, namely, 
that any attempt at dictation — much more any aggression committed 
by the govenment of France against the United States — would more 
certainly and effectively rouse the American people to an attitude of 
determined resistance than a similar affront or injury committed by 
any other power. There is reason to believe that interested sympa- 
thizers with the insurrection in this country have reported to the 
French government that it would find a party here disposed to accept 
its mediation or intervention. I understand that they reckon upon a 
sui)posed sympathy between our Democratic citizens and the French 
government. It may as well be understood as soon as possible that 
we have no Democrats who do not cherish the independence of our 
country as the first element of Democratic faith, while, on the other 
hand, it is partiality for France that makes us willingly shut our 
eyes to the fact that that great nation is only advancing towards, 
instead of having reached, the democratic condition which attracts us 
in some other countries." 

Mr. Seward, Sec. of State, to Mr. Dayton, niin. to France. No. L'78, Dec. 

1>1». \HV,2. Dip. Cor. 1H<K{. I. <>;«>. (^4<M'>41. 
Sc<' .Mr. Scwiird. S«h-. of State, to .Mr. .Vdanis, niin. to England, No. 771, 

Nov. .•{(). 1M4«, Dip. Cor. ISCw?. II. 1.T21. 



§ 898.] POLICY OF NONINTERVENTION. 1 1 

By the treaty of peace between China and Japan, conchided at 
Shimonoseki, April 17, 1895, the Liaotung peninsula, including 
Port Arthur, was ceded to Japan. Russia, however, secured the sup- 
port of France and Germany in a " friendly representation " to 
Jaj)an to the effect that she would not be permitted to retain any 
increase of territory on the mainland- Japan, on the advice of Great 
Britain, reluctantly yielded to what appeared to be inevitable, and 
abandoned her conquest. Subsequently, Russia took possession of 
Port Arthur under a " lease," and virtually assumed control of the 
Liaotung peninsula. 'This incident and its consequences eventually 
brought about the war of 1904 between Japan and Russia. 

Hall, Int. Law. 5th ed.. 295-29f>. 

See, as to the " lease " of Tort Arthur, supra, §§ 807, 813. 

2. Policy of Nonintervention. 

(1) declarations of policy. 

§ 898. 

" ' You are afraid,' says Mr. Oswald to-day, ' of being made the 
tools of the powers of Europe.' ' Indeed I am,' says 
I. ' AVhat powers? ' said he. 'AH of them,' said I. 
' It is obvious that all the powers of Europe will be continually 
manceuvering with us to work us into their real or imaginary bal- 
ances of power. They will all wish to make of us a make-weight 
candle, when they are weighing out their pounds. Indeed, it is not 
surprising; for we shall very often, if not always, be able to turn the 
scale. But I think it ought to be our rule not to meddle; and that 
of all the powers of Europe, not to desire us, or, perhaps, even to 
permit us, to interfere, if thej^ can help it.'"" 

Mr. John Adams's Diary, Nov. 18, 1782, .3 .John Adams's Works, 310. 

" Peace is made l»et\veen Russia and the Porte, and the definitive treaty 
l)et\veen England and Holland is expected to be soon signed. May 
the world continue at peace! But if it should not, I hoi>e we shall 
have wisdom enough to keep ourselves out of any broil, as I am 
quite in sentiment with the liaron de Nolken, the Swedish ambassa- 
dor at St. James's, who did me the honor to visit me, although I had 
not visited him. ' Sir,' said he, ' I take it for granted, that you will 
have sense enough to see us in Europe cut each other's throats with 
a i)hilosophical tranquillity.'" (Mr. J. Adams to the I'resident of 
Congress. February 10, 1784. 8 John Adam's Works, 177, 178.) 

" Our form of government, inestimable as it is, exposes us more than 
any other, to the insidious intrigues and pestilent influence of foreign 
nations. Nothing but our inflexible neutrality can preserve us. The 
public negotiations and secret intrigues of the English and the French 
have been employed for centuries in every court and country of Eu- 



12 INTERVENTION. [§ 898. 

rope. Look back to the history of Spain, Holland, Germany, Russia, 
Sweden, Denmark, Prussia, Italy, and Turkey, for the last hundred 
years. IIow many revolutions have been caused! How many em- 
perors and kin«!:s have fallen victims to the alternate triumphs of 
parties, excited i)v Enfj;lishmen or Frenchmen! And can we expect 
to escape the vi<;ilant attention of politicians so experienced, so keen- 
sifrhted, and so rich? If we convince them that our attachment to 
neutrality is unchangeable, they will let us alone; but as long as a 
hope remains, in either power, of seducing us to engage in war on his 
side and against his enemy, we shall be torn and convulsed by their 
manuMivres.'' 

" Patriot Letters." 1809, 9 John Adams's Works. 277. 

"The principle of foreign affairs, which I then advocated, has been the 
invariable guide of my conduct in all situations, as ambassador in 
France. Holland, and England, and as Vice-President and President of 
the Fniteil. States, from tliat hour to this. . . . This principle 
was. that we should make no treaties of alliance with any European 
power; that we should consent to none but treaties of connner<*e; 
that we should separate ourselves, as far as jwssible and as long as 
IM)ssible. from all European ]M)litics and wars. In discussing the 
variety of motions which were made as substitutes for Mr. Chase's, 
I was remarkably cool, and, for me, unusually eloquent. On no occa- 
sion, before or after, did I ever make a greater impression on Con- 
gress." (Mr. J. Adams to Dr. Rush, Sept. 30, 1805, 1 John Adams's 
Works, L>(X).) 

" If I could lay an embargo, or pass a new importation law against cor- 
ruption and foreign influence, I would not make it a tenjjMjrary but 
a perpetual law. and I would not repeal it. though it should raise a 
clamor as loud as my gag-law, or your grog-law. or Mr. .Jefferson's 
embargo." (Mr. Adams to Mr. Rush, Sept. 27, 1808, 9 John Adams's 
Works, Ci()4.) 

" Europe has a set of primary interests which to us have none or a 
very remote relation. Hence, she must be engaged in 
ing on. fiv(pient controversies, the causes of which are essen- 
tially foreign to our ccmcerns. Hence, therefore, it must be unwise 
in us to implicate ourselves by artificial ties in the ordinary vicissi- 
tudes of her politics, or the ordinary combinations and collisions of 
iier friendships or enmities. Our detached and distant situation in- 
vites and enables us to pursue a different course." 

President Washington's Farewell Address. Sept. 179«>. Writings of Wash- 
ington, by Ford. XIII. 277, 31(5. 
As to the French alliance, see, supra, § 821. 

" I have ever deemed it fundamental for the United States never 

to take an active part in the quarrels of Europe. 

Their political interests are entirely distinct from 

ours. Their mutual jealousies, their balance of power, their com- 

l)licated alliances, their forms and principles of government, are all 



§ 898.] POLICY OF NONINTERVENTION. 13 

foreign to us. They are nations of eternal war. All their energies 
are expended in the destruction of the labor, property and lives of 
their people. On our part, never had a people so favorable a chance 
of trying the opposite system, of peace and fraternity with mankind, 
and the direction of all our means and faculties to the purposes of 
improvement instead of destruction.'' 

Mr. Jefferson to the President, .June 11. 1828. 7 Jefferson's Works, 287. 
See Jefferson's letter of Oct. 24, 1823, to President Monroe, infra, § 933. 
See Mr. Jefferson. Sec. of State, to Mr. Morris, niin. to France, March 12, 

1793, supra. § 43 : Mr. Jefferson, Sec. of State, to Messrs. Carmichael 

and Short, June 30, 1793, 4 Jeffei*sou's Worlis, 9. 

"A participation in it [a congress proposed by Mr. Canning for 
the settlement of the difficulties between Spain and 
her colonies] would not be likely to make converts 
to our principles; whilst our admission under the wing of England 
would take from our consequence what it would add to hers. Such 
an invitation, nevertheless, will be a mark of respect not without a 
value, and this will be more enhanced by a polite refusal than by 
an acceptance, not to mention that the acceptance would be a step 
leading us into a wilderness of politics and a den of conspirators." 

Mr. Madison to Mr. Monroe, Dec. 20, 1823, Madison's Works, III. .353,354. 

" Separated as we are from Europe by the Great Atlantic Ocean, 
we can have no concern in the wars of the European 
governments nor in the causes which produce them. 
The balance of power between them, into whichever scale it may turn 
in its various vibrations, can not affect us. It is the interest of the 
United States to preserve the most friendly relations with every 
power and on conditions fair, equal, and applicable to all. But in 
regard to our neighbors our situation is different. It is impossible 
for the European governments to interfere in their concerns, espe- 
cially in those alluded to, which are vital, without affecting us; 
indeed, the motive which might induce such interference in the 
present state of the war between the parties, if a war it may be 
called, would appear to be equally applicable to us. It is gratifying 
to know that some of the powers with whom we enjoy a very friendly 
intercourse, and to whom these views have been communicated, have 
appeared to acquiesce in them." 

President Moiu-oe's annual message, Dec. 7, 1824, Richardson's Messages, 
II. 260. 

" Compare our situation and the circumstances of that time [that 

of Washington's farewell address] with those of the 

ams. present day, and what, from the very words of 

Washington then, would be his counsels to his countrymen now? 

Europe has still her set of primary interests, with which we have 



14 INTERVENTION. [§808 

little or a ivmoto relation. Our distant and dotachod situation with 
reference to Kurope renuiins the same. 15ut we were then the only 
independent nt.tion of this hemisphere, and we were surrounded by 
European colonies, with the fjreater j)art of which we had no more 
intercourse' than with the inhabitants of another planet. Those colonies 
have now been transformed into eight independent nations. fWe 
may therefore say that | Amcr'tcd has a set of primary interests which 
have none or a remote relation to p]uroj)e; that the interference of 
Kurope. therefore, in those concerns should Ix' spontaneously with- 
held by her upon the same principles that we have never interfered 
with hers, and that if she should interfere, as she may, by measures 
which nuiy have a jjreat and danjjerous recoil upon ourselves, we 
miofht be called in defense of our own altars and firesides to take an 
attitude which Avould cause our neutrality to Ik? res])ected, and choose 
peace or war. as our interest, guided by justice, should counsel." 

rrcsidcnt .1. Q. Adams, siu'cial message. March l.">. 1S2(>. Uicliardsoirs 
Mt'ssa^es, II. IVM. 

Mr. Macon, from the Committee of Foreign Relations of tlie Senate. .Ian- 
nary H». liS'JC, referring to tlie message of tlie President nominating 
Richard ('. .\nders<in and .lolui Sergeant to l)e envoys (wtraordinary 
and minislt'rs i)h'ni|>otentiary to tlie assomhly of the .\merican 
nations at ranama. said : " Ry the principles of this i)olicy. incul- 
oateil hy our wisest statesmen in former days and approved hy the 
experience of all suhsecpient time, the true interest of the ITnited 
States was suppose<l to he promoted hy avoiding all entangling con- 
nwtions with any other nation whatsoever." (International Ameri- 
can Conference. IV. .'53, .5.''>.) 
The government of the I'nited States scrupulously refrains from taking 
part in the internal dissensions in foreign states, whether in the 
Old World or the New. (Mr. Clay. Sec. of State, to Mr. Revenga, 
.Tan. 30, 182S. MS. Notes to For. Legs. III. 421.) 

"The T*resident desires that you should not identify yourself with 
the feelings or objects of either of the contending 
])arties. It is the ancient and well-settled policy of 
this government not to interfere with the internal concerns of any 
foreign country. However deeply the President might regret 
changes in the governments of the neighboring American States, 
which he might deem inconsistent with those free and liberal prin- 
ciples which lie at the foundation of our own, he would not, on that 
account, advise* or countenance a departure from this policy."' 

Mr. Van Ruren. Sec. of State, to Mr. Moore, min. to Colomhia, .lune 0, 
1K20. MS. Inst. Am. States, XIV, 12. 

"An invariahle and strict neutrality iM'tween helligerents and an entire 
ahstinence from all interferenc*' in the concerns of other nations, are 
cardinal traits of the foreign intlicy of this CJovernment. The ohliga- 
tory chara<ter of this policy is regarded i>y its constituents with a de- 
gree of reverence and .submission but little, if anything, short of that 



§898.] POLICY OF NONINTERVENTION. 15 

^vhich is entertained for the Constitution itself. To enable it to pre- 
serve the one. we have penal laws which subject to the severest pun- 
ishment all attempts, within the scope of their authority, to aid or abet 
either party in a war prosecuted between foreign nations with which 
the United States are at peace ; and it is made a standing instruction 
to our ministers abroad to observe the other with scrupulous fidelity." 
(Mr. Van Buren. Sec. of State, to Mr. Butler, niin. to Mexico, Oct. 16, 
1820. MS. Inst. Am. States. XIV. ICj.) 

" One of the settled princii)les of this government is that of noninter- 
ference in the domestic concerns of nations ; and as it would not 
tolerate it in others, so must every act of its own functionaries, which 
might be construed into a departure from this principle, incur the 
decided disapprobation of the President." (Mr. Van Buren, Sec. of 
State, to Mr. Ilamm. charge d'affaires to Chile, Oct. 15, 1830, MS. 
Inst. Am. States. XIV. 83.) 

See, also. I'resident Van Buren, annual message, Dec. 3, 1838, Richard- 
son's ^lessages. III. 483; and discussion in 2 Benton's Thirty Years' 
View. 276. 

" If, indeed, an attempt should be made to disturb them [the Span- 
ish AVest Indies] by putting arms in the hands of one portion of their 
j)opulation to destroy another, and which, in its influence, woukl en- 
(hmger the peace of a portion of the United States, the case might be 
different. Against such an attempt the United States (being in- 
formed that it was in contemplation) have already protested, and 
warmly remonstrated in their communications, last summer, with the 
government of Mexico. But the information lately communicated 
to us, in this regard, was accompanied by a solemn assurance that no 
such measures will, in an}' event, be resorted to; and that the contest, 
if forced upon them, will be carried on, on their part, with strict ref- 
erence to the established rules of civilized warfare." 

Mr. Van Buren. Sec. of State, to Mr. Van Ness, min. to Spain, Oct. 13, 
1830, MS. Inst. U. States Ministers. XIII. 184. 

In the adoption (in 1834-3.5) by the new South American states of 
their commercial policy, " the United States, , . . 
°"^ ■ consistent throughout in the disinterestedness of their 

conduct towards them [the South American states] desire no prefer- 
ence. But they know too well what is due to themselves to be satis- 
fied if a preference be granted to others." 

Mr. Forsyth, Sec. of State, to Mr. Butler, min. to Mexico, Nov. 11, 1834, 
MS. Inst. Mex. XV. 42. 

" The great communities of the world are regarded as wholly inde- 
pendent, each entitled to maintain its own system of 
® ^*®^" law and government, while all in their nuitual inter- 
course are understood to submit to the established rules and princi- 
ples governing such intercourse; And the perfecting of this system 
of communication among nations, requires the strictest application of 



16 INTERVENTION. [§ 898. 

the doctrine of nonintervention of any with the domestic concerns of 
otliers." 

Mr. Webster. Set-, of State, to Mr. Everett. Jau. 29, 1842, MS. Inst. Great 

Britain. XV. :if>. 
For nH\ssa>j:o of rr«*si(lt'nt Tyler of .Ian. !». 1S4;{, in reference to quintui)le 

alliaiK'o for tlu» .^suppression of the slave trade, see (J MS. Kep. B«x>k. 

" In prochiiniing and adhering to the doctrine of nentrality and 
nonintervention, the United States have not followed the lead of other 
civilized nations; the}- have taken the lead themselves and have been 
followed by others. . . . 

'• • Friendly relations with all, but entanjjling alliances with none,' 
has lon<; U'eii a maxim with us. Our true mission is not to propagate 
our ojiinions or impose upon other countries our form of government 
by artifice or force, but to teach by example and show by our success, 
moderation, and justice, the blessings of self-government and the ad- 
vantages of free institutions. Let every people choose for itself, and 
make and alter its |)olitical institutions to suit its own condition and 
convenience. But while we avow and maintain this neutral policy 
ourselves, we are anxious to see the same forbearance on the part of 
other nations, whose forms of government are different from our own. 
The deep interest which we feel in the spread of liberal principles 
and the establishment of free governments, and the sympathy with 
which we witness every struggle asfainst oppression, forbid that we 
should be indifferent to a case in which the strong arm of a foreign 
power is invoked to stifle public sentiment and repress the spirit of 
freedom in any country." 

President Fillmore, annual message, Dec. 2. 1851 (Mr. Webster, See. of 

State), Richardson's Messages. V. 110. 
See Mr. Webster. Sec. of State, to Mr. Rives, min. to France, .Tan. 12. 18.52. 

supra, § 4."'., I. p. 120: also, Mr. Webster, Sec. of State, to Mr. Hiil.se- 

mann, Austrian charg^^ d'affaires, Dec. 21, 1850, supra, § 72, I. 22J? 

et seq. 

" Your dispatch Xo. 174 of the '25th of November was received yes- 
terday. It announces the result of the appeal to the 
'*" " people of France, on the subject of the restoration of 

the Empire, as far as the returns of the votes had come in. That 
event has already no doubt been consummated and the Empire for- 
mally proclaimed. This change will of course in no degree affect 
the friendly relations between the United States and France. A deep 
interest was felt by the government and people of this country in 
those events of February, 1848, which for a while promised to as.simi- 
late the institutions of France with our own. But it is the funda- 
mental law of the Am<'rican Kejmblic. that the will of the people 
constitutionally expressed is the ultimate principle of government, 



§ 898.] POLICY OF NONINTERVENTION. 17 

and it seems quite evident that the people of France have, with a near 
approach to unanimity, desired the restoration of the Empire." 

Mr. Everett, Sec. of Stnte, to Mr. Hives, Dec. IT, 1852, MS. Inst. France, 

XV. 1G5. 
See Mr. Everett, Sec. of State, to Count Sartiges, French min., Dec. 1, 

1852, MS. Notes to France, VI. 196 ; infra, § 951. 

No matter how strongly the sympathies of the United States may 
be with the liberal constitutional party in Mexico, 
" our government can not properly intervene in its 
behalf without violating a cardinal feature of our foreign policy." 

Mr. Cass, Sec. of State, to Mr. McLane, niin. to Mexico, March 7, 1859, 
MS. Inst. Mex. XVII. 209. See supra, § 51. 

" Your despatches to No. 20, inclusive, have been received, 
" Having taken into consideration the subject referred to in your 
No. 19, together with the request of the minister of foreign affairs 
of Venezuela, that this government would communicate to that of 
France thro' our minister in that country, the explanations of the 
Venezuelan government in regard to the recent peremptory dismissal 
of the French representative in that republic for an alleged inter- 
ference in the domestic affairs of the countrj'^, I have to inform you 
that the Department does not feel warranted in complying with that 
wish. The difficulty between the Venezuelan government and the 
French charge d'affaires is one in which this government is in no way 
involved. And while our interest in the peace and prosperity of 
Venezuela is as earnest and sincere as it ever has been, the interposi- 
tion which it is proposed we should exercise would be a departure 
from our general policy in regard to the intervention in the concerns 
of other nations. I trust, therefore, that, after your explanations 
in conformity with the foregoing view of the case, the secretary of 
foreign relations will perceive the reasonableness of our noninterven- 
tion and will be convinced that the direct expression of the motives 
of his government in the course pursued towards Monsieur Levrand 
would probably be more acceptable to the government of His Majesty 
the Emperor of the French. 

"And yet I can not close this despatch without desiring you to sig- 
nify to the secretary of relations how highly this government appre- 
ciates the confidence which that of Venezuela has manifested in its 
justice and impartiality as indicated in its choice of the United 
States as the channel thro' which it preferred to offer explanations 
to the government of France." 

Mr. Cass, Sec. of State, to Mr. Turpin, niin. to Venezuela, No. 21, Nov. 5, 
1859, MS. Inst. Venezuela, I. 211. 

H. Doc. 551— vol C 2 



18 INTERVENTION. [§898. 

" ^'oiir al)k' and voiv inteivstiiig despatch of June 10th, No. 30, has 
Ih'oii siihmitted to the President. 
^^^^ ■ " I think that in the main you have rightly appre- 

hended the sentiments of the government and people of this country 
in regaril to the Spanish-American states, as well as the instructions 
of their history, their present political condition, their resources, their 
wants, the benefits they otfer and the claims they have upon other 
nations. 

" Rut it would l)e disingenuous on the part of the United States 
and injurious to the Spanish-American republics to encourage an 
expectation on their part that at the present conjuncture treaties 
guaranteeing their sovereignty can be contracted with this (Jovern- 
ment. Even if the traditional j)olicy of this country derived from 
the teachings and practice of Washington could be proved to be 
erroneous its hold upon the mind of the American people would 
nevertheless prove to be too strong to be broken at this moment when 
the distractions of civil war are encouraging foreign intrigues and 
even inviting foreign aggression. 

" The country, however, has tried and proved that policy and has 
hitherto fouitd its ways to Ik? ways of wisdom and all its paths to Ijc 
the paths of })eace. 

*• It may well be said that Washington did not enjoin it upon us as a 
})erpetual jx)licy. On the contrary, he inculcated it as the policy 
to be pursued until the union of the States, which is only another 
form of expressing the idea of the integrity of the nation, should 
1k' established, its resources should Ix' developed and its strength, 
adequate to the chances of national life, should be matured and per- 
fected. Whatever pleasant dreams upon that subject we have here- 
tofoie indulged are now broken by a conclusive shock, and we ai-e 
trying through a civil war of unexampled severity the great question 
whether the Union of the States is indeed impregnable, and whether 
we are to remain, as we hitherto have l)een, one strong and enduring 
nation. It is not at such a time that the policy of the fathers which 
forbids entangling alliances is likely to l)e reviewed or discussed. 

'* Nor indeed ought it to be. Assuming the condition of the Span- 
ish-American states to bi' one urgently demanding our national pro- 
tection, the ((uestion whether we shall accord it is at least a practical 
one. We can not enter into covenants to render jihysical aid which 
we are not al)le and do not intend to keep. The })eo|)le of the United 
States have a sensibility concerning engagements as just ::s it is 
fxH-uliar. They never have contracted an obligation which they did 
not mean to fulfill and did not with all diligence fulfill in its letter 
and spirit. A\'hile we are engaged in a fearful and exhausting civil 
war at honx'. it could Iw only surj^liis treasure and surplus force that 
we could send abroad to protect and defend other states. Thus far 



§ 898.] POLICY OF NONINTERVENTION. 19 

wc had no such surphis force. True we shall have it when our 
domestic troubles shall have been ended. But we may well postpone 
the question how it shall be employed until the superfluous force itself 
shall be found in our hands. You appeal to us to heal the Spanish- 
American states. We are ourselves at this moment even more dis- 
ordered than they, and the national conscience and national heart 
cry out to us ' Physician, heal thj^self.' This is indeed just what we 
are doing. 

"Again, our own difficulties and dangers are present, actual, engag- 
ing, absorbing. Those of the Spanish-American states are at most 
but probable and future. 

" Moreover, the most effective aid which we can at any time render 
them is to be afforded hereafter as heretofore by the moral influences 
resulting fr6m the stability and strength of our republican institu- 
tions. So far as the improvement of society and the increase of 
national strength are concerned, each of the Spanish- American repub- 
lics must of course work out the case for itself. It is only foreign 
intervention, to occur while they are working it out, that they have 
to fear. No foreign nation disturbed them, all foreign nations grew 
forl)earing towards them, while we remained undivided and im- 
pregnable. 

" Their exposure and their apprehensions result from our own 
embarrassments. When we shall have surmounted them, the Span- 
ish-American states will regain their accustomed safety. 

" In giving 3'ou this view of the President's policy, I am not for 
a moment to be thought Avanting in just apprehension of the impor- 
tance of the commercial, moral and political advantages of fraternal 
and affectionate relations with the states in whose behalf your appeal 
is made. Americanism is one interest and ought to be one sentiment 
throughout this continent. Republicanism is one interest and has 
one destiny for the weal or woe of mankind throughout not only this 
continent, but throughout the world. But the policy which diffuses 
these two sentiments and advances these two interests is a policy of 
time, prudence, and peace, not of war and conquest." 

Mr. Seward. Sec. of State, to Mr. Hlotte, luin. to Costa Rica, No. 20, 
July 7, 38(12, MS. Inst. Am. States, XVI. 225. 

" Your despatch of Aug. 27th, No. 44, together with the papers 
enclosed and marked IV., have been submitted to the President. 

" These papers contain a letter written by the minister for foreign 
affairs of Costa Rica to a representative of the revolutionary gov- 
ernment in New (iranada, concerning a j)roposed congress of the 
American States to Ix^ held at Panama with a view of effecting ar- 
rangements for their mutual stability and safety. In this correspond- 
ence, his excellency the minister for foreign aff'airs of Costa Rica, 



20 INTERVENTION. [§ 898. 

Mr. Iglesias, discusses the question whether the United States ought to 
Ix^ invited to attend such congress and IxH'onie a party to the proposed 
arrangement. You inform me that the publication of this letter has 
produced some uneasiness in Costa Rica, on the ground that the 
remarks of Mr. Iglesias on that subject might be disagreeable to the 
United States. 

'' My despatch of July 7th, 1862, No. 20, has already informed you 
that the United States could not at present depart from their tradi- 
tional policy so far as to enter into such a congress. You have 
already comnmnicated to Mr. Iglesias in a general way the effect of 
that desj)atch. The President perceives no reason why you should 
not read to him the despatch itself if, for any reason, you deem it 
exj)edient to do so. At the same time you are authorized to assure 
Mr. Iglesias that so far from experiencing any sensibility concerning 
the views he has expressed in relation to the character of this Gov- 
ernment, its j)ast policy in regard to Spanish-American States, its 
present views, and its possible change of thoj«e views hereafter, the 
President sees nothing in the letter of Mr. Iglesias but the exercise of 
a rightful freedom of debate upon a legitimate (juestion in a manner 
perfectly rps])ectful to the government and people of the United 
States. The United States are conscious that jealousy of foreign 
states is an essential element in the political constitution of every 
nation which intends and hoj^^s to preserve and maintain its own 
real sovereignty and independence. They would therefore rather 
encourage than c()mj)lain of the expression of such jealousies in the 
republics of Spanish America, even although the watchfulness thus 
manifested bear upon the United States themselves." 

Mr. Soward. S<h'. of State, to Mr. Uiotte, luiu. to Costa Rica, No. 2'>, Sept. 
17. 1802. MS. Inst. Am. States. XVI. 24.^. 

'• This government acts directly and sincerely in its intercourse 
with foreign nations, and no less directly and sincerely with New 
(iranada than with all others. It regards the government of each 
state as its head until that government is effectually displaced by the 
substitution of another. It ab.stains from any interference with its 
domestic affairs in foreign countries, and it holds no unnecessary 
communication, secret or otherwise, with revolutionary parties or 
factions therein. It neither seeks to prevent social or political 
reforms in such countries nor lends its aid to reforms of them right- 
fully of which it has neither the authority nor the means to judge." 

Mr. Sewanl. Sec-, of State, to Mr. Burton. Oct. 2.'), 1802, MS. Inst. Co- 
lombia. XVI. 47. 

" The first duty of a foreign minister is to maintain and practice in behalf 
of bis government ko«m1 faith and friendship towards the govern- 
ment to which lie is a<credited. 11 is not easy to conceive any case 
in which a minister could rightfully Intervene and give aid or coun- 



§ 898.] POLICY OF NONINTERVENTION. 21 

tenance to an insurrectionary movement in derogation of the sover- 
eign to which he is accredited. Doubtlessly there are revolutions 
which deserve .the sympathies and favor of all civilized states, but 
even in such cases the representatives of foreign governments should 
act by their direction and make their protests direct and explicit, 
taking the resi)onsibilities of the termination of diplomatic inter- 
course. No such circumstances are known to us as existing in regard 
to the revolution in New Granada." (Mr. Seward, Sec. of State, to 
Mr. Burton. July 18, 18G1, MS. Inst. Colombia, XVI. 7.) 

" This g:overnment has not now, it seldom has had, any special 
transaction, either commercial or political, to engage the attention of 
a minister at Rome. Indeed, until a very lat« period the United 
States were without any representation at that ancient and interest- 
ing capital. The first colonists in this country were chiefly Protes- 
tants, who not merely recognized no ecclesiastical authority of the 
Pope, but were very jealous lest he might exert some ecclesiastical 
influence here wiiich would be followed by an assumption of politi- 
cal power unfavorable to freedom and self-government on this con- 
tinent. It was not seen that the political power of the Catholic 
Church was purely a foreign affair, constituting an important part 
of the political system of the European continent. . . . It is be- 
lieved that ever since the tide of emigration set in upon this conti- 
nent the head of the Roman Church and states has freely recognized 
and favored the development of this principle of political freedom on 
the part of the Catholics in this country, while he has never lost an 
opportunity to express his satisfaction with the growth, prosj)erity 
and progress of the American people. It was under these circum- 
stances that this government, in 1848, wisely determined that while 
it maintained representatives in the capitals of every other civilized 
state, and even at the capitals of many semicivilized states which 
reject the whole Christian religion, it was neither wise nor necessary 
to exclude Rome from the circle of our diplomatic intercourse. Thus 
far the new relation then established has proved pleasant and be- 
nificent. 

" Just now Rome is the seat of profound ecclesiastical and political 
anxieties, which, more or less, afi^ect all the nations of Europe. The 
Holy Father claims immunity for the temporal j)ower he exercises, 
as a right incident to an ecclesiastical authority which is generally 
respected by the P^uropean states. 

" On the other hand, some of those states, with large masses in 
other states, assert that this temporal power is without any religious 
sanction, is unnecessary and pernicious. I have stated the question 
merely for the purpose of enabling myself to give you the President's 
views of what w'ill be your duty with regard to it. That duty is to 
forbear altogether from taking any part in the controversy. The 
reasons for this forbearance are three : First, that so far as spiritual 



22 INTERVENTION. [§ 898. 

or occlosiastical matters enter into the question they are beyond j^our 
j)rovince, for you are a political representative only. Second, so far 
as it is a question affecting the Roman States, it is a domestic one, and 
we are a forei<]:n nation. Third, so far as it is a political question 
merely, it is at the same time j)urely an European one, and you are 
an American minister, hound to avoid all entangling connection with 
the j)()liti('s of that continent. 

•• This line of conduct will nevertheless allow you to express, and 
you are therefore instructed to express, to His Holiness the assur- 
ances of the hest wishes of the government and of the people of the 
United States for his health and happiness, and for the safety and 
prosperity and happiness of the Roman people." 

Mr. Seward. Sec. of State, to Mr. Hlatchfonl. Sept. 2.^), 1802. Dip. Cor. 

i.s(;2. s.")i. 

With reference to an invitation from France to cooperate with the 
governments of Paris, London, and ^'iellna in the e.xercise of a moral 
influence with the Emperor of Russia with reference to affairs in 
Poland, Mr. Seward said : 

" This governm,ent is profoundly and agreeably impressed with the 
considerati(m which the P^mperor has numifested towards the United 
States by inviting their concurrence in a proceeding having for its ob- 
ject the double interests of public order and humanity. Nor is it less 
favorably impressed Avith the sentiments and the prudential consid- 
erations which the P^mjHM'or has in so becoming a manner expressed 
to the court of St. Petersburg. . . . 

" Notwithstanding, however, the favor with which we thus regard 
the suggestion of the Emperor of the French, this government finds 
an insurmountable difticulty in the way of any active cooperation 
with the governments of France. Austria, and Great Britain, to 
which it is thus invited. 

•' Founding our institutions upon the basis of the rights of man, the 
builders of our Republic came all at once to be regarded as political 
reformers, and it soon became manifest that revolutionists in every 
country hailed them in that character, and looked to the United States 
for effective sym])athy, if not for active support and patronage. Our 
invaluable Constitution had hardly l)een established when it became 
necessary for the government of the United States to consider to what 
extent we could, with j)ropriety, safety, and beneficence, intervene, 
either by alliance or concerted action with friendly powers or other- 
wise, in the i)olitical affairs of foreign states. An urgent appeal for 
such aid and symi)athy was made in behalf of P'rance, and the appeal 
was sanctioned and enforced by the treaty then existing of mutual 
alliance and defense, a treaty without which it may even now be con- 
fessed, to the honor of France, our own sovereignty and independence 



§ 898.] POLICY OF NONINTERVENTION. 23 

could not have been so early secured. So deeply did this appeal touch 
the heart of the American people that only the deference they cher- 
ished to the counsels of the Father of our Country, who then was at 
the fullness of his unapproachable moral greatness, reconciled them 
to the stern decision that, in view of the location of this republic, 
the characters, habits, and sentiments of its constituent parts, and 
especially its complex yet unique and very popular Constitution, the 
American people must be content to recommend the cause of human 
progress by the wisdom with which they should exercise the powers 
of self-government, forbearing at all times, and in every way, from 
foreign alliances, intervention, and interference. 

" It is true that Washington thought a time might come when, our 
institution being firmly consolidated and working with complete suc- 
cess, we might safely and perhaps beneficially take part in the con- 
sultations held by foreign states for the common advantage of the 
nations. Since that period occasions have frequently happened which 
presented seductions to a departure from what, superficially viewed, 
seemed a course of isolation and indifference. It is scarcely neces- 
sary to recur to them. One was an invitation to a congress of newly 
emancipated Spanish-American states; another, an urgent appeal to 
aid Hungary in a revolution aiming at the restoration of her an- 
cient and illustrious independence; another, the project of a joint 
guarantee of Cuba to Spain in concurrence with France and Great 
Britain ; and more recently, an invitation to a cooperative demon- 
stration with Spain, France, and Great Britain in Mexico; and, later 
still, suggestions by some of the Spanish-American states for a 
common council of the republican states situated upon the American 
continent. These suggestions were successively disallowed by the 
government, and its decision was approved in each case by the de- 
liberate judgment of the American people. Our policy of noninter- 
vention, straight, absolute, and peculiar as it may seem to other 
nations, has thus become a traditional one, which could not be 
abandoned without the most urgent occasion, amounting to a mani- 
fest necessity. Certainly it couhl not be wisely departed from at 
this moment, when the existence of a local, although as we trust only 
a transient disturl)ance, deprives the government of the counsel of a 
portion of the American people, to whom so wide a departure from 
the settled i^olicy of the country must in any case be deeply inter- 
esting. 

" The President will not allow himself to think for a single moment 
that the Emperor of the French will see anything but respect and 
friendship for himself and the people of France, with good wishes 
for the preservation of peace and order, and the progress of humanity 
in Europe, in the adherence of the United States on this occasion to 



24 INTERVENTION. [§ 898. 

the policy which they have thus far pursued with safety, and not 
without advantafje, as they think, to the interests of mankind." 

Mr. Seward. Sec. of State, to Mr. Dayton, uiin. to France, No. 342, May 

11. ]^V>:\, Dip. Cor. ISAi^i, I. mi. 
Set\ further. Mr. Seward, Sec. of State, to Mr. Motley, niin to Austria, 

N..S. .-{4 and 'M, ,Tune 20. July 14, ISfW, Dip. Cor. 18<«, II. 92(5. 

" Within the hist tliree years it has seen an attempt at revohition in 
tlie ancient kin^jdom of Poland, a successful revolution in what was 
New (iranada. but now is (\)lombia, a war l)etween France and 
Mexico, a civil war in Venezuela, a war between three allied Spanish- 
American republics and Salvador, and a war between Colombia and 
Ecuador. It no\v sees a probability of a war between Denmark and 
(lermany. In regard to such of these conflicts as have actually oc- 
curred, the United States have pursued the same policy, attended by 
the same measure of reserve, that they have thus far follo\ved, in 
re^jard to the civil war in Santo Domingo. It is by this policy that 
(he United States equally avoid throwing themselves across the way 
of hunuin progress, or lending encouragement to factious revolutions. 
Pursuing this course, the United States leave to the government and 
people of every foreign state the exclusive settlement of their own 
affairs and the exclusive enjoyment of their own institutions. WTiat- 
ever may l3e thought by other nations of this policy, it seems to the 
undersigned to be in strict conformity with those prudential prin- 
ci|)les of international law — that nations are equal in their independ- 
ence and sovereignty, and that each individual state is bound to do 
unto all other states just what it reasonably expects those states to 
do unto itself." 

Mr. Seward, Sec. of State, to Mr. Tassara. Feb. ^, 18(H. MS. Notes to 

Spain. VII. 4.^51. 
As to keeping aloof from foreign interests, see 9 .John Adams's WorivS. 

KIS. 1(»9. lis. 129, l.'«i. 202. 277, .^)79. 
As to nonintervention generally, see .'i .Tohn Adams's Works, 31(5; 7 id. 

l.')l : S id. 9. 178; (and see also discussions in 10.S N. Am. Rev. 47G, 

October. ISCO). 
As to special mission in reference to claims of {\)sta Rica on Nicaragua, 

see Mr. Cass, Sec. of State, to Mr. Jones, July m, 18.-)7, MS. Inst. 

Si>ecial Missions. III. fXi. 

" It is not deemed unreasonable on the part of the government of 
Ilayti that it should ask leading maritime states to guarantee their 
sovereignty over Samana. The government of Hayti very properly 
consults the United States government with reference to such a 
guarantee. The President is gratified, also, that the Haytian gov- 
ernuHMit has submitted its views in a |)roper spirit to Great Britain. 
Nevertheless, the question unavoidably calls up that ancient and 
settled policy of the United States which disinclines them to the 



§ 898.] POLICY OF NONINTERVENTION. 25 

constituting of political alliances with foreign states, and especially 
disinclines them to engagements with foreign states in regard to 
subjects which do not fall within the range of necessary and imme- 
diate domestic legislation. This policy would oblige the United 
States to refrain from making such a guarantee as Hayti desires, 
but disclaiming for themselves all purpose or desire to disturb the 
])eace and security of TIayti, the United States would be gratified if 
Great Britain and other maritime states should see fit to regard the 
wish of the government of Hayti in the same spirit of justice and 
magnanimity." 

Mr. Seward, Sec. of State, to Sir F. Bruce, British min.. Aug. 15, 1865, 

Dip. Cor, 18G5, II. 191. 
This note of Mr. Sewai'd's was written in reply to a note from Sir F. 

Bruce, stating that the charge d'affaires of Hayti had requested the 

British government to concur in guaranteeing the neutrality of the 

peninsula of Samana. 

" In the opinion of the President, the most beneficent policy which 
this government can practice with reference to foreign states is to 
abstain from all authoritative or dictatorial proceedings in regard to 
their own peculiar affairs, while it employs at all times whatever just 
influence it enjo3's to promote peace, and to recommend to them, by 
its own fidelity to justice and freedom, the institutions of free popular 
government. In this respect you have proceeded in harmony with 
the policy of the United States." 

Mr. Seward. Sec. of State, to Mr. Kilpatrick, min. to Chile, No. 6, May 5, 
lSr><!, Dip. Cor. 1800, II. 411. 

This- instruction referred to the action of Mi\ Kilpatrick in endeavoring 
to avert the hombai'dment of Valparaiso. In the course of the in- 
struction, Mr. Seward said : " The conclusion at which you arrived 
upon an examination of the circumstances, that it was not your duty 
to advise or Instruct Commodore Rodgers to resist the bombardment 
by force, is accepted and approved." (Id. 412.) 

The Instruction above quoted is recorded in MS. Inst. Chile. XV. 327. 

The American conunissioner and consul-general at Port au Prince 
having reported that there existed between Hayti and Santo Do- 
mingo jealousies which derived support from some imaginary polit- 
ical designs on the part of the United States, Mr. Seward said : 

" The United States sincerely desire and hope that Hayti and 
St. Domingo may become cordial friends, and may dwell together in 
])eaceful neigliborhood, each maintaining its own sovereignty, integ- 
rity and independence. The forbearing and friendly policy of this 
government towards all the free states of the American continent and 
islands has been so often expo.sed and illustrated during the last 
five years, that it is deemed unnecessary now to make a distinct utter- 
ance on that subject, when no event has occurred which could bring 



26 INTERVENTION. [§ 898. 

uncertainty or suspicion over it. If any such uncertainty or sus- 
picion exist, either in Ilayti or in St. Domingo, it is exchisively a 
creation of parties there, who have no grounds for claiming any 
interest or sympathy liere.*' 

.Mr. Sownrd. So<-. of Stnto. to Mr. IVck. No. U, May 11. 1S«><5. MS. Inst. 
Iliiyti. I. 71. 

Mr. Sowiird addcHl : " IN'rliaps I could not nioro clearly elucidate the 
|K>Ii(y of tlic I'nitcd States in rcjtard to otlior .Vuicrican Kovcnunents 
tlian i.'* already «loiie in the correspondence which has recently taken 
place iM'tAveiMi the I'nited States and .some of the European i)0\vors 
with rcKiinl to Mexico. I jiive you, therefore, for your information, 
a coi>y of that corresi)ondence. The President does not think that 
It would he exiKHlient under the present circumstances to direct a 
formal conference hetween yourself and the representative of the 
Tnited States in St. Dominjco. The office of mediation is always a 
delicate one. It is never to he resortetl to where alienation has not 
hecome Hanrant, and it can not, even then, he safely or wisely 
resorted to without first ohtaininfj the consent of the alienated 
parties." 

" The intelli<rent and sympathetic interest which you manifest in 
tlie fortunes and destinies of the people of (ireece, 
<rives satisfaction to the Department. Although the 
United States look with favor ui)on the increase of material |)ower of 
all governments that re})resent liberal and progressive ideas, and that 
are clothed with constitutional forms, even though those forms may 
not l)e the ones which we have a(loj)ted in our own case, and which, 
in communities trained to self-government, are the best preservatives 
of lil)erty; yet. can we never give to that favor any form other than 
a moral one. Your course in making that clear to the court and 
nation to which you ai*e accredited is a|)i)r()ve(l by the I)ej)artment." 

Mr. Fish, Sec. of State, to Mr. Tuckerman, miii. to (Ireece, No. 2(i, Sept. 

.•',(». ISCi!*. MS. Inst. (JrtH'ce, I. 2(». ackiiowledf,'in>; the n'ceipt of Mr. 

Tuckerman's No. 7S of the UTth .tuly. 
See. also. .Mr. Kish to Mr. Tuckerman, No. 4*J, .lune 21. 1S70, .MS. Inst. 

(;ree<-e. 1. 2!t, acknowledging Mr. Tuckerman's No. VM of the IDth of 

Miiy. 

It is against the |)olicv of the I'nited States to interfere in contests 
between the titular government of Ilayti and insurgents. 

.Mr. Kish, Sec. of State, to Mr. Has.sett, min. to Ilayti, No. IC. Oct. .''.1, 
ISC!), MS. Inst. Ilayti, I. 158. Same to same, No. l.'W. March L'C. 
I.ST:?, MS. Inst. Ilayti, I. 2S7, 

"The settled foreign policy of the United States is in the familiar 
knowledge of all Europe and .Vmerica. That policy forbids, on oift* 
part, all intercourse in the mutual affairs of other governments, and 
excludes interference by them in ours. It is the policy established by 



§ 898.] POLICY OF NONINTERVENTION. 27 

the venerated founder of the American Republic, under circumstances 
of great difficulty pending the European wars growing oUt of the 
French Revolution. It has been steadfastly adhered to by every suc- 
cessive President of the United States, and is firmly rooted in the 
conviction and judgment and approval of the American people. It 
is the well-considered fixed idea, consecrated by experience,' which 
lies at the foundation of all our intercourse with other powers. It 
has proved of signal benefit to the United States, and in the long run 
not less so to every friendly power. It commends itself unqualifiedly 
to the judgment of the President for the time being. Against this 
fundamental policy of the United States Mr. Catacazy has deliber- 
ately offended and is now daily deliberately offending. He has made 
himself busy, in season and out of season, in efforts to obstruct, em- 
barrass, and defeat the recent negotiations between the United States 
and Great Britain for the adjustment of their mutual differences; 
and he continues in the same way now to interfere with the due exe- 
cution of the treaty of Washington of 8th May last. 

"As the government of the United States would not tolerate such 
conduct on the part of the minister of our close ally, the French Re- 
public, in a similar emergency in the early days of our history, so it 
will not tolerate that conduct on the part of Mr. Catacazy, intimate 
as are the ties of amity between us and his government. 

'' The President directs me to say that he can not look on with in- 
difference to see this extraordinary attempt to introduce at Washing- 
ton the diplomatic practices of Constantinople." 

Mr. Fish, Sec. of State, to Mr. Ciirtin, min. to Russia, No. 110, Nov. 16, 
1871, S. Ex. Doe. ,5, 42 Cong. 2 sess. 17. 

" Treaties of foreign offensive and defensive alliance, are contrary 
to the declared policy of this government. In the 
g ^ysen. ggj.jy y(ij^i.j^ of ()^,j. independence certain compacts of 
this nature were projected. A notable instance is found in the treaty 
with France, concluded in 1778, during the Revolutionary war, by 
the 11th article of which the United States guaranteed the French 
poase.ssions in this hemisphere. The fulfillment of this stipulation 
proved to be the occasion of. much embarrassment, and eventually of 
serious misunderstanding between the two countries, which defeated 
its object and rendered further ' entangling alliances,' as Mr. Jeffer- 
son characterized them, objectionable to the people of the United 
States." 

Mr. Frelinghuysen, Sec. of State, to Mr. Baljer, min. to Venezuela, No. 326. 
July 25. 1S84, MS. Inst. Venezuela. III. 390. 

By treaty of Nov. 18, 11)03, the United States guarantees the independ- 
ence of the Republic of Panama. See supra, § 368, vol. 3, p. 261. 

See also the treaty with New Granada of 1846, supra, § 337. 



28 inter\t:ntion. [§ 898. 

•• It is not our policy to intervene in the affairs of foreign nations 
to decide territorial (]nestions between them." 

Mr. I'l-t'liiifjliuysen, Se<'. of State, to Mr. Knsson, min. to Germany, No. 37, 
Ort. 17. 1SS4, S. Kx. I ><)<•. VMl 4!> Cong. 1 sess. l.'{, in relation to the 
Congo (inestioii and tlie Herlin «-onference of 1884-5. 

.S»>«'. also. Tn'sidcnt Cleveland, annnal nu'ssagc. IH\: 8. 1S8.'>. supra, § 42; 
Mr. H.iyanl. Sec of State, to .Mr. Tro«'. inin. to Heigiuni, .\o. "». Sept. 
11. lS8."i. S. K.\. Doe. 100, 4!) Cong. 1 sess. .{.-{O ; For. Kel. IHS.-.. (H). 

January !>, 1SS4, tlie House of Representatives of the United States, 
having heard of the (K'ath of the (lerman state.snian. Dr. P.dward 
LasUer. while on a visit to the United States, adopted a re.solution 
declaring: " I lis loss is not alone to Ih' mourned by the |)eople of his 
native land, where his Hrni and constant exposition of and devotion 
to free and liberal ideas have materially advanced the social, politi- 
cal, and economic conditions of those people, but by the lovers of lib- 
erty throughout the world." It was further resolved that a copy of 
the resolutions should be forwarded to the family of the deceased, 
and another copy to the American minister at Herlin for communica- 
tion to the i)resi(ling officer of the Reichstag, of which Dr. Lasker was 
a memU'r. The resolutions were sent to Mr. Frelinghuysen, Secre- 
tary of State, by whom they were transmitted to Mr. Sargent, then 
American minister in Berlin. Mr. Sargent handed one co|)y to a 
brother of Dr. Lasker, and the other he sent to the (Jerman foreign 
office, with the request that it Ix^ communicated to the Reichstag. 
This step Prince Bismarck declined to take, on the ground that the 
opinion which was expressed in the resolutions, as to the advantageous 
results of Dr. Lasker's political course, was not in accordance with 
the facts as he viewed them. " I woidd not venture," said Prince 
Bismarck. " to oppos(» my judgment to that of an illustrious assembly 
like the House of Repres<»ntatives of the United States, if I had not 
gained during an active participation in (lerman internal politics 
of more than thirty years an experience which encourages me to 
attach also to my opinion a c«'rtain competency within thexe limits.''^ 
Prince Bismarck instructed the (Jerman minister at Washington to 
commimicate these views to Mr. Frelinghuysen and also to leave with 
him, if he desired it. the engrossed copy of the resolutions. When 
the (Jerman minister carried out these instructions, Mr. Freling- 
huysen stated that the President could not Ih' supposed to have any 
wish as to what the (Jerman gox'ernment might do in regard to the 
copy of th<' resolutions after it had decided not to transmit them to 
the body for which they were intended. The (Jerman minister 
observed that this reply relieved his government from the obligation 
to return the resolutions, and there the matter appears to have ended. 

Message of Tresident Artinir to tlie IIou.se of Representatives, March 10, 
1884, II. i:.\. Doc. 113, 48 Cong. 1 ses.s. 



§ 898.] POLICY OF NONINTERVENTION. 29 

"At Cartagena, as at any other point in Colombia, not on the 
direct line of isthmian transit, the only question 
^^^^ ' presented for our consideration is the general one 

of the protection of the lives and property of citizens of the United 
States established there. Our right in this respect is of course 
neither more nor less than that of any other government whose 
citizens or subjects may be found at such points under similar cir- 
cumstances. Interests of other nationalities than our own are under- 
stood to exist at Cartagena. Consequently no measure could be 
taken by forces of the United States for the protection of their 
citizens there, which we would not admit the perfect right of another 
government — that of England, France, or Germany, for instance — 
to employ for the like protection of its subjects. 

" Generally speaking, persons who quit the shelter of their own 
flag to take up a voluntary residence in a foreign land do so at their 
own risk and subject to the vicissitudes of foreign invasion or 
domestic insurrection in the country where they cast their lot in 
common with the natives thereof. Their own government could not 
invade the country of their sojourn there to protect them from the 
consequences of war from without or from within, without commit- 
ting a distinctly hostile act. Their rights are simply those of 
neutrals in a belligerent territory. 

" But w^here the place of their sojourn is a port open to the world's 
commerce, to which foreign vessels have a right to resort, the pres- 
ence of war vessels of their nation is proper to protect the national 
shipping in port and the lives and propi^rty of neutral citizens on 
shore, from any injurious treatment contrary to the received inter- 
national rules of Avarfare. Such war vessels may properly afford 
asylum to our own noncombatant citizens and moral protection to 
their interests within the limits of legitimate warfare, and ex- 
treme cases may be conceived where the supreme law of self-preser- 
vation may require more effective measures if the bounds of legiti- 
mate warfare be overi)assed. In no event, however, should such 
measures amount to an intervention in the domestic disturbances of 
that country by aiding one belligerent against the other." 

Mr. Bayard, Sec. of Stato. to Mr. Whitney, Sec. of Navy, April 15, 1885, 
1.55 MS. Doni. Let. 101. 

"At this late day, when, after more than a century of national 
existence, the policy of this nation has been manifested against 
aggrandizement by conquest and in favor of sustaining by example 
and counsel the independence of its neighbors, there would seem to 
be no occasion for denial of any designs on the part of the United 
States against the political independence and territorial integrity 
of the sovereiern commonwealths which lie between our southern 



30 INTERVENTION. [§ 898. 

frontier and the Istlimus of Panama or elsewhere in the Western 
Hemisphere, The sinjjleness and friendliness of our purposes to- 
ward them has In'on signally evidenced during the late occurrcMices 
on the Isthmus and in Central America ; and every new proof of the 
growth among them of the forces of civilization, under the forms of 
consitiutional and popular government, is welcomed by this Gov- 
ernment. 

" I should, however, l)e sorry if your remark that the people of 
the United States. ' considering the character and training of the 
Mexican people, do not think them a desirable accession to our 
population.' were to leave on the President's mind any impression 
that Ave disparage Spanish-American civilization by contrast with 
our own. Their efforts in the path of progress have been no less 
earnest, and, in view of the geographical and physical obstacles to 
be overcome, their success has been scarcely less marked than ours. 
No question of race contrast, especially with regard to the mixed 
races which preponderate in certain localities, can enter as a factor 
in our treatment of j^eoples to whom we are allied by so many ties 
of conmion advantages and political sympathy." 

Mr. Bayard. Se<-. of Stato. to Mr. Koborts. iiiin. to Chile, No. 3 (confld.), 
Aug. 21, 1885, MS. Iiist Chile, XVII. 178. 

November 9, 1891, Mr. Blaine, as Secretary of State, in.structed the 
American minister at Rio de Janeiro to express the 
hope that Brazil would, in her domestic affairs, pur- 
sue a })olicy of wise moderation. This instruction had reference to 
the action of the President of Brazil in dissolving Congress and 
declaring martial law. The Brazilian government, November 15, 
1891, instructed its minister at Washington to reply that moderation 
was " born in the character of the Brazilian people, in the sentiment 
and in the policy of its President, and has been practiced by his 
govermnent. The President acknowledges with great satisfaction 
that in this instance, as in so many others, the two Republics find 
themselves in perfect accord. And you may add that the friendly 
advice would be chtvished with the feelings worthy such a friend." 

For. 1U'\. IS'.H. 42, r)l-;j2. 

"The rule of this government is to observe the most absolute 

impartiality in respect to questions arising between 

*^' its neighbors; to refrain from forming a judgment 

upon the merits of the mutual recriminations which may attend 

such disputes; to abstain from advising either party to the difference; 

and to exert mediatorial offices only when acceptable to both parties. 

" It is moreover an established rule of action with us to refrain 

from all appearance of union with other neutral powers looking 



§ 898.] POLICY OF NONINTERVENTION. 31 

to intervention or mediation in the affairs of disputing states. 
It is regretted that you did not recall this salutary rule, and find 
some discreet way of avoiding even the semblance of concerted 
action with your British colleague in the sense of advising Guate- 
mala as to its treatment of the questions existing with Mexico. 
It would be doubly unfortunate if your utterances had left on 
the mind of the (luatemalan executive an impression that the 
government of the United States inclined to the Guatemalan view 
of Mexico's intentions and might even thwart by force a hostile 
act of Mexico growing out of the present strained situation. 

"This government, as the impartial friend of both Guatemala 
and Mexico, can not but deplore the tension which has arisen between 
them, and were the way open for our friendly action in a manner 
equally acceptable to both of them, we would gladly do what we 
properly might, in the same spirit of impartiality, to induce a 
friendly composition of their differences. This government con- 
ceives that it can only be useful toward such a result by maintaining, 
for itself and through its agencies, an attitude of unbiased reserve 
as to the merits of the points at issue. AVere it to authorize such 
declarations as you appear to have made to President Cabrera, the 
maintenance of that neutral position would be impossible. 

'' I am therefore constrained to disapprove and disavow your 
action." 

Mr. Day, Sec. of State, to Mr. Hunter, niiii. to Guatemala, No. 78, Sept. 
16, 1898, MS. Inst. Cent. Am. XXI. 3M, citing Mr. Adee, Act. Sec. of 
State, to Mr. Mizner, min. to Guatemala, No. :J8, Sept. 19, 1889. 

" This government has maintained an attitude of neutrality in 
the unfortunate contest between Great Britain and 
in ey. ^j^^ Boer States of Africa. We have remained faith- 
ful to the precept of avoiding entangling alliances as to affairs not 
of our direct concern." 

President McKinley, anniial message, Dec. 5. 1899, For. Rel. 1899, xxii. 

" In asserting the Monroe doctrine, in taking such steps as we have 
taken in regard to Cuba, Venezuela, and Panama, 
and in endeavoring to circumscribe the theater of war 
in the Far East, and to secure the open door in China, we have acted 
in our own interest as well as in the interest of humanity at large. 
There are, however, cases in which, while our own interests are not 
greatly involved, strong appeal is made to our sympathies. Ordi- 
narily it is very much wiser and more useful for us to concern our- 
selves with striving for our own moral and material betterment here 
at home than to concern ourselves with trying to better the condition 
of things in other nations. We have plenty of sins of our own to 



32 INTERVENTION, [§ 899. 

war against, and under ordinary circumstances we can do more for 
the genoral uplifting of humanity by striving with heart and soul to 
put a stoj) to civic corruption, to brutal lawlessness and violent race 
prejudices here at home than by passing resolutions about wrong- 
doing elsewhere. Nevertheless there are occasional crimes committed 
on so vast a scale and of such peculiar horror as to make us doubt 
whether it is not our manifest duty to endeavor at least to show our 
disapproval of the deed and our sympathy with those who have suf- 
feretl by it. The cases must be extreme in which such a course is 
justifiable. There must be no effort made to remove the mot« from 
our brother's eye if we refuse to remove the beam from our own. 
But in extreme cases action may be justifiable and proper. What 
form the action shall take must depend upon the circumstances of 
the case; that is, upon the degree of the atrocity and upon our power 
to remedy it. The cases in which we could interfere by force of arms 
as we interfered to put a stop to intolerable conditions in Cuba are 
necessarily very few. Yet it is not to be expected that a people like 
ours, which in spite of certain very obvious shortcomings, neverthe- 
less as a whole shows by its consistent practice its Ijelief in the 
principles of civil and religious liberty and of orderly freedom, 
a people among whom even the worst crime, like the crime of lynch- 
ing, is never more than sporadic, so that individuals and not classes 
are molested in their fundamental rights — it is inevitable that such 
a nation should desire eagerly to give expression to its horror on an 
occasion like that of the massacre of the Jews in Kishenef, or when 
it witnesses such systematic and long-extended cruelty and oppres- 
sion as the cruelty and oppression of which the Armenians have been 
the victiuis, and which have won for them the indignant pity of the 
civilized world." 

President Roosevelt, amiual message, Det-. fi, 1904, For. Rel, 1904, xlll. . 

(2) THE KRKXCH REVOLUTION. 

§ 899. 

Genet, when he came to the United States in 1793, brought instruc- 
tions to negotiate "a national agreement, in which two great peoples 
.shall suspend their connnercial and political interests, and establish 
a mutual understanding, to defend the emjiire of liberty, wherever it 
can be embraced : to guarantee the sovereignty of the people, and 
punish thos(» powers who still keep up an exclusive colonial and com- 
mercial system, by declai'ing that their vessels shall not be received in 
the i)orts of the contracting parties.'' In a note of May 23, 1793. 
Genet proposed that the two i)eoples should by " a true family com- 
pact," establish a " commercial and political system," on a " liberal 
and fraternal basis." Washington had already, by his proclamation 



§§900,901.] POLICY OF NONINTERVENTION. 33 

of April 2-1, 1798, adopted the policy of nonintervention and neu- 
trality. 

Am. State Pai)ers, For. Rel. I. 708-700, 147, 140. See supra, § 821. 

(3) SPAIN AND HER COLONIES. 

§900. 

In the contest between Spain and her colonies, in which the latter 
achieved their independence, the United States adhered to the policy 
of neutrality and nonintervention. See supra, §§ 28-36; infra, 
§ 930-936, 1320. 

(4) GREEK INDEPENDENCE. 

§ 901. 

" The war of the Greeks for independence early attracted attention 
in this country. Mr. D wight, of Massachusetts, on the 24th of De- 
cember, 1822, presented to the House a memorial in their favor. The 
sentiment of the House was against meddling with the subject, and the 
memorial was ordered to lie on the table. 

•' Early in the next session (December 8. 1823), Mr. Webster sub- 
mitted to the House a resolution that provision ought to l)e made by 
law for defraying the expense incident to the appointment of an agent 
or commissioner to Greece, whenever the President shall deem it ex- 
pedient to make such appointment. On the 19th of the same month 
the House requested the President to lay before it any information 
he might have received, and w^hich he might deem it improper to com- 
municate, respecting the condition and future prospects of the Greeks. 

*' On the 29th a memorial was presented from citizens of Xew York, 
requesting the recognition of the independence of Greece. On the 
31st the President transmitted the desired information to Congress. 
On the 2d of January, 1824, Mr. Poinsett laid before the House a 
resolution of the general assembly of South Carolina that that State 
would hail with pleasure the recognition by the American govern- 
ment of the independence of (Jreece. On the oth AVebster j^resented 
a memorial from citizens of Boston. The debate ui)on Webster's 
resolution l)egan upon the 19th of January and contiinied until the 
26th. It took a wide range, developed great diversity of sentiment, 
and produced no result. 

'' The sympathy for the Greeks contintied to manifest itself. On 
the 2d of January, 1827, P^dward Livingston moved to instruct the 
Connnittee on AVays and Means to report a bill api)ropriating $.")0.0!)() 
for provisions for their relief. The bill was negatived on the 27th. 
Private relief was given, and in his annual message to Congress in the 
H. Doc. 551— vol (J 3 



34 INTERVENTION. [§§902,903. 

following DecemlxT the President transmitted to Congress corre- 
spondence respecting it with Capo d'Istrias and with the president 
and secretary of the (ireek national assembly. 

" The first and only treaty with (ireece was concluded in I^ondon in 
IH'M iM'tween the ministers of the respective powers at that court. Tt 
was sent to Congress with the President's message of December 4, 
1838." 

Davis. Notes. Treaty Vol. (177('»-1887), i:Ul ; sui>ra. § 41. 
For (•<)rrt'siM)iul«'n(e in relation to the (Jreeks, in 1S2:{-1,S24. sec K\. Papers 
14. 1,S Vouii. 1 sess. ; Am. State Tapers, For Hel. V. '-'."•1, '2r>2. 

(."») mN(iARIAN KKVOIATION. 

As to the efforts made to induce the I'nited States to (h'jjart from 
the policy of nonintervention in the Hinigarian revolution of 1848, 
see su])ra. sj 7*J; infra, vj 005. 

(6) CHILE-PERfVIAN WAR. 

§ 903. 

With reference to an inquiry as to the attitude of the United States 
in case a proposal should be received from (lermauy and (Jreat Britain 
to act with them in a mediation between Chile and Peru in the war in 
South America, in the interest of the protection of counuerce. Mr. 
Evarts said: '' While as keenly alive as the governments of (lermany 
or (ireat liritain can be to the dangers arising to counuerce from the 
existeuce of so (lei)l()rable a war between kindred peoples, as well as 
to the greater ])rospective danger that the Argentine l\epul)lic and 
other South American States may yet be involved in the (juarrel, and 
while it has been from the couuueucemeut of the struggle and is now 
ready to assist in the restoration of i)eace between the bi'lligerents, 
wluMiever its good offices may i)e usefully proffered, yet this govern- 
ment does not look with favor upon any premature effoi't. nor anv 
effort in combination with other neutral j)owers. which would carry 
the impression of dictation or ccK>rcion in dis|)aragement of belligj 
ci-ent rights. In(|uirv having been made of this government, through 
Tier Hritannic Majesty's minister at this ca|)ital, in the same sense 
as that addressed to you through Mr. Bucher. an identical answer was 
returned to Sir Edward Thornton. You will, of course, carefully 
note and repoi't any tendencies you may observe toward further action 
by (iei-maiiy in the direction of South .Vmerican intervention, either 
with or without the cooperation of other |)owei"s." 

Mr. Kvarts. Sec. of Stat«'. to .Mr. Wiiite. uiiii. to (iernian.v. No. 22, .Tniy 10, 
1870, .MS. Inst. Germany, XVI. 48<;. 



§ 903.] POLICY OF NONINTERVENTION. 35 

In 1879 Mr. S. Newton Pettis, American minister to Bolivia, paid 
a visit to Lima and to Santia«:o in the interest of peace between the 
parties to the war then existing in South America. His mission was 
avowedly undertaken without the knowledge or direction of his gov- 
ernment, and seems to have been limited to the endeavor to make each 
of the three governments concerned privately acquainted with the 
others' views with regard to a settlement of diiferences, especially by 
arbitration if a direct settlement should be unattainable. " ITnau- 
thorized and even rash," said tlie Department of State, " as Mr. Pettis' 
experiment might appear, the United States could not but rejoice at 
the result should the knowledge thus gained by the belligerents of 
each other's views conduce to an eventual settlement.'' The United 
States was '* not, however, disposed to dictate a peace, or to take any 
steps looking to arbitration or intervention in disparagement of bel- 
ligerent rights, or even to urge the conditions under Avhich it may be 
reached. Its good offices have not been officially tendered, but if 
sought, (m a practical basis of arbitration submitted by the several 
parties to the struggle, the President Avould not hesitate to use them 
in the interest of peace. . . . The Department dismisses, as un- 
based rumor of a hostile press, the statement in some of the Chilean 
journals that you have indicated a purpose on the part of this govern- 
ment to end the war by intervention or by arbitration on terms pro- 
posed by itself."' 

Mr. Hunter, Act. Sec. of State, to Mr. I'ettis. miii. to Holivia. No. 2<), Oct. 

1, 1870. MS. Inst. Bolivia, I. 2(>2. 
See, also. Mr. Evarts, Sec. of State, to Mr. I'etti.s, No. 25, Sept. 19, 1879, 

id. 2()1. 

" The deplorable condition of Peru, the disorganization of its gov- 
ernment, and the absence of ])recise and trustworthy information as 
to the state of all'airs now existing in that unhappy country, render it 
impossible to give you instructions as full and definite as I would 
desire. 

" Judging from the most recent dispatches from our ministers, you 
will probably tind on tiie i)art of the Chilean authorities in possession 
of Peru a willingness to facilitate the establishment of the provisional 
government which has l)een attempted by Senor Calderon. If so, 
you will do all you projierly can to encourage the Peruvians to accept 
any reasonable conditions and limitations with which this concession 
may be accompanied. It is vitally important to Peru that she be 
allowed to resume the functions of a native and orderly government, 
both for the purposes of internal administration and the negotiation 
of peace. To obtain this end it would be far better to accept condi- 
tions which may be hard and unwelcome than by demanding loo 
much to force the continuance of the inilitarv control of Chile. It is 



36 INTERVENTION. [§ 903. 

hopi'd that you will Ik> able, in your necessary association vrith the 
Chilean authorities, to impress upon them that the more liberal and 
considerate their policy, the surer it will be to obtain a lasting and 
satisfactory settlement. The Peruvians can not but lx». aware of the 
symjiathy and interest of the people and government of the United 
States, and will. I feel confident, be prepared to give to your repre- 
sentations the consideration to which the friendly anxiety of thig 
govermnent entitles them, 

" The United States can not refuse to recognize the rights which 
the (^hilean government has ac(juired by the successes of the war, and 
it may lx» that a cession of territory will l)e the necessary price to be 
paid for peace. It woiild seem to be injudicious for Peru to declare 
that under no circumstances could the loss of territory Ix^ accepted as 
the result of negotiation. The great objects of the provisional au- 
thorities of Peru would seem to be to secure the establishment of a 
constitutional government, and next to succeed in the opening of 
negotiations for peace without the declaration of preliminary condi- 
tions as an iilthiuitum on either side. It will be difficult, perhaps, to 
obtain this from Chile; but as the Chilean government has distinctly 
repudiated the idea that this was a war of ccmquest, the government 
of Peru may fairly claim the opportunity to make propositions of 
indemnity and guarantee before submitting to a cession of territory. 
As far as the influence of the United States will go in Chile, it will 
Iw exerted to induce the Chilean government to consent that the 
question of the cession of territory should be the subject of negotiation 
and not the condition precedent upon which alone negotiations shall 
conunence. If you aid the government of Peru in securing such 
a result, you will have rendered the service which seems most pressing. 
Whether it is in the power of the Peruvian government to make any 
arrangeujents at home or abroad, singly or with the assistance of- 
friendly powers, which will furnish the necessary indemnity or supply 
the i-e(juired guarantee, you will be better able to advise me after you 
have reached your post. 

"As you are aware, more than one proposition has been submitted to 
the consideration of this government looking to a friendly interven- 
tion by which l*eru might i)e <Miabled to meet the conditions which 
would probably be imposed. Circumstances do not seem at present 
opportune for such action: but if. upon full knowledge of the condi- 
tion of T*eiMi. you can inform this govermnent that Peru can devise 
and carry into practical effect a plan by which all the reasonable con- 
ditions of Chile can be met without sacrificing the integrity of Peru- 
vian territory, the government of the United States would be willing 
to offer its good offices toward the execution of such a project. 

"As a strictly confidential communication, I inclose you a copy of 
instructions sent this day to the United States minister at Santiago. 



§ 903.] POLICY OF NONINTERVENTION. 37 

You will thus be advised of the position which this government 
assumes toward all the parties to this deplorable conflict. It is 
the desire of the United States to act in a spirit of the sincerest 
friendship to the three republics, and to use its influences solely in 
the interest of an honorable and lasting peace." 

Mr. Blaine, Sec. of State, to Mr. Ilurlbut. niin. to Peru, No. 2, June 1.^, 
1881, For. Rel. 1881, 914; War in South America. r)00. 

For the connnunication to the American minister at Santiago, see Mr. 
Blaine, Sec. of State, to Mr. Kilpatrick, min. to Chile, No. 2, June 15, 
1881, For. Rel. 1881. 131 ; War in South America, 157. 

In an instruction of November 22, 1881, Mr. Blaine, referring to 
Mr. Hurlbut's reports of his proceedings, expressed regret that a con- 
struction had l^een put upon the latter's language and conduct indi- 
cating a policy of active intervention on the part of the United States 
beyond the scope of his instructions. Mr. Hurlbut had stated, in a 
memorandum to Admiral Lynch, that the United States would " re- 
gard with disfavor " the annexation by Chile of Peruvian territory 
by right of conquest. " You were." said Mr. Blaine, '' distinctly in- 
formed that this government could not refuse to recognize that such 
amiexation might become a necessary condition in a final treaty of 
peace ;■■' and the main purpose of Mr. Hurlbut's effort was expected 
to be " not so much a protest against any possible annexation, as an 
attemi)t by friendly but unofficial communications with the Chilean 
authorities (with whom you were daily associated), to induce them to 
support the policy of giving to Peru, without the imposition of harsh 
and absolute conditions precedent, the opportunity to show that the 
rights and interests of Chile could be satisfied without such annexa- 
tion." Mr. Blaine also criticised some of the language used by Mr. 
Ilurlbut in a letter to Seiior Garcia, the secretary of General Pierola — 
langiuigo which might seem to imply that the ITnited States had 
recognized the government of Calderon instead of that of General 
Pierola, because of the former's resolution not to cede Peruvian terri- 
tory. '' No such motive," said Mr. Blaine, " has ever been declared by 
this government. The government of Calderon was recognized 
because we believed it to the interest of both Chile and Peru that 
some respectable authority should be established which could restore 
internal order, and initiate responsible negotiations for peace. We 
desired that the Peruvian government should have a fair opportunity 
to obtain the best terms it could, and hoped that it would be able to 
satisfy the just demands of Chile without the painful sacrifice of the 
national territory. But we did not nuike, and never intended to 
make, any special result of the peace negotiations the basis of our 
recognition of the Calderon government." Mr. Blaine also ex- 
pressed his dissatisfaction with Mr. Hurlbut's action in sending a 
telegram to the American minister at Buenos Ayres suggesting that a 



38 INTERVENTION. [§ 903. 

niiiiistor Ih> s(Mit by the ArfreiUinc jjovcnnuont to Pom. Mr. Blaine 
('s|)('ciiilly (l('j)n*cat(Ml this action because there tlien existed a serious 
(litl'erence between Ciiile and the Arjjentine IJejiublic, so that sucli a 
recoiMMieiKhition wouhl naturally be considered by Chile as an effort 
to effect a political combination against lier. Mr. Blaine also disap- 
proved the course of Mr. Ilurlbut in negotiating with regard to a 
convention by which Peru was to cede to the United States a naval 
station in the Bay of Chinibote. Mr. I^laine thought such an ai'range- 
nient desirable, but considered the time inoi)portune. But, having 
thus stated his impressions as to Mr. llurlbut's action. Mr. Blaine 
said: " It becomes my duty to add that this (lovermnent is unable to 
understand the abolition of the C'alderon government and the arrest 
of President Calderon himself by the Chilean authorities, or I sup- 
})ose I ought to say by the (Miilean goverinnent, as the secretary for 
foreign affairs of that government has in a formal connnunication to 
Mr. Kilpatrick declared that the Calderon government * was at an 
end.' As we recognized that government in supposed conformity 
with the wishes of Chile, and as no reason for its destruction has been 
given us, you will still consider yourself accredited to it, if any legiti- 
nnite representative exists in the i)lace of President (^alderon. If 
none such exists, you will remain in Lima until you receive further 
instructions, confining your connnunications with the (^hilean au- 
thorities to such limits as your jM'rsonal convenience and the mainte- 
nance of the rights and j)rivileges of your legation may recpiire," 
In conclusion, Mr. Blaine stated that ciicumstances had imposed upon 
the l*resident the necessity of sending out a special mission. 

Mr. I?l;iiiie. J^ec. of State, to .Mr. Hurll»ut. luiii. to Peru, No. 19, Nov. 22, 
IKSl. Kor. Uol. ISSl, IMS; War in Soutli .Vinerica, .">(>.-). 

StH'. also, .Mr. Hlaiiie, Sec. of Stat«'. to .Mr. Kilpatrick. iiiiii. to Chile. No. 
1(). Nov. ;{(». ISSI. For. Hel. ISSl. 141 ; War in South America, 171. - 

Novpml)er ^0. IRSl, Mr. Blaine enclosed to Mr. William Henry 
Trescot a commission as special envoy with the rank of minister pleni- 
j)()tentiary to the Republics of Chile, Peru, and Bolivia. This com- 
mission was not to sujH'rsede the ordinary duties of the ministers 
pleni|)otentiai'v and resident then accredited to those governuients, 
but, as tho^e uiinistei-s were iufoi'uied. all connnunications and nego- 
tiations counected with the settleuient of |)ending difHculties U'tween 
Chile, Pei-u, aud Bolivia were to be transferred to Mr. Trescot's 
charge. Mr. Trescot was also infoi-med that the President had di- 
rected the Third .Vssistant Secretary of State, Mr. Walker Blaine, 
to accompany him and to act under his directions. 

Mr. Hlaiue. S(h-. of State, to .Mr. Trescot. No. 1, Nov. .W. ISSl, For. Rel. 

ISSl. 142: War in South .Vnierica, 172. 
See, also, .Mr. IMaine, Se«-. of State, to .Mr. Walker P.laine. Nov. .SO, 18.S1, 

For. Kel. ISSl. ^4'^: War in South .\nierica, 17:i. 



§ 903.] POLICY OF NONINTERVENTION. 39 

Mr. Blaine's full instructions to Mr. Trescot bear date December 
1, 1881. In these instructions Mr. Blaine referred to the defeat of 
General Pierola in January, 1881. his retreat across the mountains, 
and the surrender of Lima to the Chilean forces. Some of the lead- 
ing citizens of Lima and Callao, said to have been encouraged l)v the 
Chilean authorities, sought to set up a new government under Sefior 
Calderon. On May 0, 1881, the American minister at Lima was in- 
structed by the Department of State that if the Calderon government 
was " supjjorted by the character and intelligence of Peru," and was^ 
endeavoring to restore constitutional government with a view both 
to order within and negotiations with Chile for peace, he might 
recognize it as the existing provisional government and aid it by his 
advice and good offices. Acting on these instructions. Mr. Christiancy, 
on June 20, 1881, formally recognized the Calderon government. 
Subsequently a minister from the Calderon government was received 
at Washington. The adherents of Pierola gradually gave their ad- 
hesion to it, and the Peruvian Congress, which assembled within the 
neutral zone set apart for that purpose by the Chilean authorities, 
authorized President Calderon to negotiate a peace, on condition 
that no territory should be ceded. The Chilean military authorities 
thereupon issued an order forbidding the Calderon government to 
exercise its functions within the territory occupied by the Chilean 
army. Mr. Blaine said that, unable to understand this " sudden " 
and '* unaccountable " change of policy on the part of Chile, the 
United States had instructed its minister at Lima to continue to recog- 
nize the Calderon government till more complete information would 
enal)le the Department of State to send further instructions. Imme- 
diately afterwards the Chileans arrested President Calderon and 
extinguished his government. " The President," continued Mr. 
Blaine, '* does not now insist upon the inference which this action 
would warrant. He hopes that there is some explanation which will 
relieve him from the painful impression that it was taken in resent- 
ful rei)ly lo the continued recognition of the Calderon government 
by the United States. If, unfortunately, he should be mistaken, and 
such a motive be avowed, your duty will be a brief one. You will 
say to the Chilean government that the President considers such a 
proceeding as an intentional and unwarranted offense, and that you 
will conununicate such an avowal to the government of the United 
States, with the assurance that it will be regarded by the government 
as an act of such unfriendly import as to require the immediate sus- 
pension of all diplomatic intercourse. You will inform me imme- 
diately of the happening of such a contingency and instructions will 
be sent you." 

Mr. Blaine added that he did not anticipate such an occurrence, 
and that the course of the Chilean government would i)r()bably be 



40 INTERVENTION. [§ 903. 

explained on other grounds. The objects which the President had at 
heart were, said Mr. Bhiine, first, to prevent the misery, confusion, 
and bloodshed which the existing relations lx»tween Chile and Peru 
seemed only too certain to renew ; and, secondly, to take care that in 
any friendly attempt to reach this desirable end the government t)f 
the United States was treated with the respectful consideration to 
which its disinterested purpose, its legitimate influence, and its estab- 
lished position entitled it. Should the (^hilean government, while 
disclaiming any intention of offense, maintain its right to settle its 
difficulties with Peru without the friendly intervention of other 
j)ow('rs, and refuse to allow the formation of any government in Peru 
which did not pledge its consent to the cession of territory, it would 
be Mr. Trescot's duty, " in language as strong as is consistent with 
the respect due an independent power, to express the disappointment 
and dissatisfaction felt by the United States at such a deplorable 
policy." The United States would not interpose to deprive Chile of 
the fair advantages of military success, nor put any obstacle in the 
way of the attainment of her future security; but, said Mr. Plaine, 
" AVe can not regard with unconcern the destruction of Peruvian 
nationality. If our good offices are rejected, and this policy of the 
absorption of an independent state be persisted in, this government 
will consider itself discharged from any further obligation to be 
influenced in its action by the position which Chile has assumed, and 
will hold itself free to appeal to the other republics of this continent 
to join it in an effort to avert consequences which can not 1k» confined 
to Chile and Peru. l)ut which threaten with extremest danger the 
political institutions, the peaceful progress, and the liberal civiliza- 
tion of all America." 

Mr. I'.liiiiio. Sec. of State, to Mr. Trescot. No. 2. Dec. 1. 1SS1. For. Rel. 

issi. 14:5; War in Soutb Aniericn. 174. 
.\s t() tlic i)roiK>se<l conference of .Vnierican republics, see Mr. Hlaine to 

Mr. Trescot. No. .'{, Dec. 2, ISSl, For. Uel. 1881, 150. 

" The President wishes in no manner to dictate or make any author- 
itative utterance to either Peru or Chile as to the merits of the con- 
troversy existing Ix'tween those republics, as to what indemnity 
should be asked or given, as to a change of boundaries, or as to the 
personnel of the (iovernment of Peru. The President recognizes 
Peru and Chile to be independent republics, to which he has no right 
or inclination to dictate. 

'* Were the United States to as?;ume an attitude of dictation towards 
the South .Vmerican rejjublics, even for the purpos(> of preventing 
war. the greatest of evils, or to preserve the autonomy of nations, it 
must 1h' prej^ared by army and navy to enforce its mandate, and to 
this end tax our people for the exclusive l^enefit of foreign nations. 



§ 903.] POLICY OF NONINTERVENTION. 41 

" The President's policy with the South American republics and 
other foreign nations is that expressed in the immortal address of 
Washington. Avith which you are entirely familiar. What the Presi- 
dent does seek to do, is to extend the kindly offices of the United 
States impartially to both Peru and Chile, whose hostile attitude to 
each other he seriously laments; and he considers himself fortunate 
ill having one so competent as yourself to bring the powers of reason 
and persuasion to bear in seeking the termination of the unhappy 
controversy; and you will consider as revoked that portion of your 
original instruction which directs you on the contingency therein 
stated as follows: 

" 'You will say to the Cliilean government that the President con- 
siders such a proceeding as an intentional and unwarranted offense, 
and that you will communicate such an avowal to the government of 
the United States with the assurance that it will be regarded by the 
government as an act of such unfriendly import as to require the 
immediate susjjension of all diplomatic intercourse. You will inform 
me inunediately of the happening of such a contingency, and in- 
structions will be sent to you.' 

'• Believing that a prolific cause of contention between nations is an 
irritability which is too readily otf ended, the President prefers that 
he shall himself determine after report has been made to him whether 
there is or is not cause for offense.* 

" It is also the President's wish that you do not visit (although in- 
dicated in your original instruction you should do so), as the envoy 
of this government, the Atlantic republics after leaving Chile. 

'• The United States is at peace with all the nations of the earth, 
and the President wishes hereafter to determine whether it will con- 
duce to that general peace, which he would cherish and promote, for 
this government to enter into negotiations and consultation for the 
promotion of peace with selected friendly nationalities without ex- 
tending a like confidence to other peoples with whom the United 
States is on e(|ually friendly terms. 

•• If such partial confidence would create jealousy and ill-will, 
peace, the object sought by such consultation, would not be promoted.'' 

Mr. FreliiiKluiysen, Sec. of State, to Mr. Trescot, No. G, Jan. 9, 1882. For. 
Kel. 188-J. ~u; War in South America. 18(5. 

" On tlie other hand, he I'eniains convinced that the United States has 
no riglit which is conferred either l)y treaty stii)ulation.s or hy pub- 
lic hiw to iniix)se ui>on the belligerents, unasked, its views of a just 
settlement, and it has no interests at stake commensurate with the 
evils that might follow an interference, which would authorize it to 
interpose between these jtarties. further than warranted by treaties, 
by public law. or by the voluntary acts of both parties." (Mr. Fre- 
linghuysen. Sec. of State, to Mr. Trescot, No. 7, Feb. 24, 1882, For. 
Rel. 1882, 73, 75.) 



42 INTERVENTION. [§ 008. 

Tho roprosontativos of the United States in South America were 
directed l>v Mr. Frelin^luiysen harmoniously to join in a courteous 
and fi'iendly eti'ort to aid the helli<;erent powt'rs in reaching an a4»;ree- 
men for peace, which, wliilc securing to Chik» the legitimate results 
of success, should at the same time not be unduly severe upon Peru 
and Holivia. Tiu' >Vmerican minister at Santiago was instructed to 
suggest to the Chilean government, as the basis for a treaty of peace, 
the cession to Chile of the Peruvian territory of Tarapacii and the 
submission to ai"bitration of the question whether any additional 
territory should be ceded, and if so, how much and on what terms. 
When this instruction reached Santiago, a substantial agreement had 
been eti'ected by Chile with (ieneral Iglesias, as the repi-esentative 
of Peru. Hy this agreement Chile was to receive the province of 
Tarapaca and was to occupy for ten years the ])rovinces of Tacna 
and Arica, at the end of which time a plebiscite was to be taken to 
determine which of the two powers should permanently hold those 
provinces, the successful |)ower to pay to the other the sum of 
$1().()()().()()(). These terms, said Mr. Frelinghuysen, were more severe 
upon Peru than those whicii Chile and previously been willing 
to grant. It was after Senoi- Calderon had declined the terms of 
settlement otfered by Chile, through the mediation of the American 
minister at Santiago, that Cliile turned to (ieneral Tglesias and 
obtained from him the settlement above described. Under the exist- 
ing conditions one of the most delicate an<l important questions to 
l)e decided was as to who should be recognized as the executive repre- 
sentativ(> of the sovereignty of l*eru. " It is not for this govern- 
ment." said Mr. Frelinghuysen. " to dictate to sovereign belligerent 
j)owers tlu> terms of peace to 1m' accejited by them, nor is it the right 
or duty of the United States in the premises to do more than to aid 
by their unprejudiced counsels, their fi'iendly mediation, and their- 
uioral suj)poi"t the obtainment of peace — the much-desired end. If 
such an end can 1m' i^-ached in a manner satisfactory to all ])arties 
more speedily through negotiations with Peruvian authority other 
than that heretofore recognized by this govermnent as the dc fucto 
I'uler of Peru, this government will not. through any sj)irit of pride 
or i)i(|ue. stand in tlu' way of the h()i)ed-for result." 

Mr. I'rcliiiKlmyscii. S(><-. of Stilt*', to Mr. Plielps, luin. to Pern, No. Ct, 
.Tilly liC. IHs:!. For. \W\. lS.s:!. 7(«>. 

'* T transmit herewith for your information a copy of a dispatch 
from Mr. Logan, conmiunicating the text of the protocol signed l^e- 
tween (ieneral Iglesias and the Chilean general, Xorva, leading to a 
definitive treaty of peace. 

"An examimition of the terms of the protocol shows that the 
foreign debt of Peru is giuiranteed only to a limited extent by a por- 



§ 903.] POLICY OF NONINTERVENTION. 43 

tion only of the guano product, the overpkis, as well as all future 
discoveries of guano, to go to Chile. 

•' This government does not undertake to speak for an}'^ other than 
the lawful interests of American citizens which may be involved in 
this settlement, but as to them it must be frankly declared and un- 
mistakably understood that the United States could not look with 
favor ui)on any eventual settlement which may disregard such in- 
terests. 

" It may be difficult for you, in concert with your colleagues, to 
advocate any determinate solution of the embarrassing questions 
relating to the other foreign debt of Peru, since this government can 
not undertake to advocate the interests of any class of bondholders 
or other legitimate creditors of Peru without exercising a like watch- 
ful consideration for the interests of all. It seems, however, to be 
essential to a just and lasting peace either that Peru should be left 
in a condition to meet obligations toward other governments which 
were recognized prior to the war or which may be legitimately estab- 
lished, or that if Chile appropriates the natural resources of Peru as 
compensation for the expenses of the war she should recognize the 
obligations which rest upon those resources, iind take tlie property 
with a fair deteruiination to meet all just incumbrances which rest 
upon it. 

"' The President would see with regret any insistence by Chile upon 
a policy which would impose upon Peru heavier burdens than she 
has been disposed to impose during the past negotiations. 

'' Better terms, if offered, would be appreciated by him as a friendly 
recognition of the earnestness which this government has shown in 
endeavoring to l)ring about an honorable and equitable end to the 
painful strife." 

Mr. Frelinghuysen, Sec. of State, to Mr. Pliel])s. inin. to Peru. No. 8, 
Aug. 2."). l.SS:',. For. Kol. 188a. 711. 

"The opinion of the Tnited States heretofore has I)een. that as the t\)reij;n 
oblifiations of I'erii. incurred in t,'()od faith before the war, rested 
upon and were secured hy the products of her ^'uano dejiosits. Chile 
was under a moral oblijiation not to appropriate th.it security with- 
out recosnizing the lien existing thereon. This opinion was fi'ankly 
made known to Chile, and our belief was expressed that no arrange- 
ment would be made between the two countries by which the ability 
of Peru to meet her honest engagements towards foreigners would 
be impaired by the direct act of Chile. This government went so far 
as to announce that it could not be a party, as mediator, or directly 
lend its sanction to any arrangement which should impair the power 
of Peru to pay those debts." 

Mr. Frelinghuysen. Sec. of State, to Mr. Phelps, min. to Peru. No. 27, 
Dec. 2!». 188:{, MS. Inst. Peru. XVII. Sa. 

See. also. Mr. Frelinghuyseu to Mr. Phelps, tel., Feb. 28, 1884, MS. In.st. 
Peru, XVII. 41. 



44 INTERVENTION. [§ 903. 

'* Your several clispatehes, so far as received to date, reporting the 
military aiul political situation in Peru, have been considered with 
the attention demanded hv the importance of the occurrences you nar- 
rate. As su|)j)lemented ijy your later tele<i:rams, they show the con- 
clusion of a treaty of peace hetween (ieneral I<(lesias and the Chilian 
plenipotentiary, on what are understood here to be bases substantially 
in accord with tlie terms of the protocol previously si<rned between 
(ieneral I<rlesias and the rej)resentative of Chile; the evacuation of 
Lima by the Chilean forces; the installation there of a form of 
provisional administration under the Presidency of (Jeneral I«rlesias; 
and the revolt of the residents or pirrison of Arequipa against the 
authority of Vice-President Montero, who thereupon escaped by 
flight. Besides this, it appears that the first public act of (Jeneral 
Iglel^ias on assuming control of the j)rovisi()nal government thus es- 
tablished, was to issue a convocation for an assembly of delegates, to 
Ix' chosen by the |)c<)j)le of Peru, to whom is to be referred the ques- 
tion of accei)ting and ratifying the treaty which has Ixhmi signed, and 
who are further to decide the Presidency of the Peruvian goverimient. 

" Of the tei-ms of the treaty itself T can not at |)resent speak. You 
are already accpuiinted with the views of this government upon the 
main point involved. It renuiins to be s<hmi whether the ])eople of 
Peru, in the exj)ression of their national sovereignty, are disposed to 
accept the terms j^roposed to them. With this the government of 
the United States has no desire to interfere. It respects the inde- 
pendence of Peru as a conunonwealth entitled to settle its own affairs 
in its own way. It recognizes too keenly the calamities of protracted 
strife, or the alternative calamity of prolonged military occupation 
by an enemy's forces, to seek, by anythijig it may say or do, to influ- 
ence an adverse decision of the j)oj)ular re])resentatives of Peru. And 
a due respect for their sovereign independence forbids the United 
States from s<'eming to exert any |)ositive or indirect pressure upon 
these representatives to influence their course. 

" The state of facts reported by you nuikes it neces.sary to give you 
instructions i'esi)ecting your relations with the provisional govern- 
ment. With the jM'oj^le of l*eru this country aims, as it has always 
aimed, to nuiintain relations of friendship and sympathy. With the 
particular achiiinistration which may for the time assume to ccmtrol 
the affairs of Peru we have little diivct concern, except so far as our 
attitude towards it shall express our friendliness to the nation; hence 
we have no partiality for the Calderon-Montero government or desire 
that you should manifest any. Shoidd the assembly which is about 
to convene be elected under circumstances entitling it to represent the 
people of P«'ru and declare for (ieneral Iglesias, this government 
would no doubt recognize him. This, however, it is unnecessary to 
sav, as such an amiomicement in advance of the action of the assembly 



§ 904.] POLICY OF N02SriNTERV£.NTI0N. 45 

might in effect exert an infliienw upon its deliberations, Avhich we 
seek to avoid. . . ." 

Mr. Frelinghuysen, Soc. of State, to Mr. Phelps, min. to Peru, No. 18. 
Nov. 15, 1883, For. Kel. 1883, 727. 

" Your energy in seeking to reach some conchision is appreciated, 
but for this government to direct you to tell Peru that it should sur- 
render Tarapaca, Tacna, and Arica, on receiving $10,000,000, would 
be assuming to decide a question between two nations when we have 
not been requested to arbitrate, and it would be telling Chile it might 
properly make claim for the territory. Peru's condition may be so 
deplorable that it is wise for her to accept these terms, but Peru and 
not the United States as to this must decide." 

Mr. Frelinghuysen, Sec. of State, to Mr. Logan, min. to Cliile, tel., Jan. 5, 
1883, MS. Inst. Chile. XVII. 48. 

(7) SYMPATHY WITH LIBERAL POLITICAL STRUGGLES. 
§ 1)04. 

'* Born, sir, in a land of liberty; having early learned its value; hav- 
ing engaged in a perilous conflict to defend it ; having, in a word, de- 
voted the best years of my life to secure its permanent establishment 
in my own country, my anxious recollections, my sym])athetick feel- 
ings, and my best wishes are irresistibly excited, whensoever, in any 
country, I see an oppressed nation unfurl the banners of freedom. 
But above all, the events of the French Revolution have produced 
the deepest solicitude, as well as the highest admiration. To call 
your nation brave, were to pronounce but common praise. Wonderful 
people I Ages to come will read with astonishment the history of 
your brilliant exploits! I rejoice, that the j^eriod of your toils and of 
your innnense sacrifices, is approaching. T rejoice that the interesting 
revolutionary movements of so many years have issued in the forma- 
tion of a constitution designed to give pernumency to the great object 
for which you have contended. I rejoice that liberty, which you have 
so long embraced with enthusiasm — liberty, of which you have been 
the invincible defenders, now finds an asylum in the bosom of a regu- 
larly organized government — a government, which, being formed to 
secure the hapj:)iness of the French people, corresponds with the 
ardent wishes of my heart, while it gnitifies the pride of every citizen 
of the United States, by its resemblance to their own. On these glori- 
ous events, accept, sir, my sincere congratulations. 

" In delivering to you these sentiments. I express not my own feel- 
ings only, but those of my fellow-citizens, in relation to the com- 
mencement, the progress, and the issue of the French Revolution : and 
they will cordially join with me in purest wishes to the Supreme 



46 INTERVENTION. [§ 905. 

Bciii^, that the citizens of our sister Repiihliek, our inapnaiiiinous 
allies, may soon enjoy in peac-e, that liberty which they have pur- 
chased at so great a price, and all the happiness which liberty can 
bestow. 

" I receive, sir, with lively sensibilit^v, the symbol of the triumphs 
and of the enfranchisement of your nation, the colours of France, 
which you have now presented to the TTnited States. The transaction 
will be announced to Congress; and the colours will be deposited 
with those archives of the United States, which are at once the evi- 
dences and the memorials of their freedom and in(lei)endence. May 
these be perpetual I and may the friendship of the two Kepublicks be 
commensurate with their existence." 

Answer of President Washington to tlio address of the Fren<-h minister, 
Mr. Adet. on his presenting the colors of Frjuiee to tlie United States. 
January 1. ITiX!. (2 Waifs State Papers, 08.) 

(8) HOSPITALITY TO POLITICAL BKKUGEES. 

§ j)or). 

See supra, § 72. 

" You are well aware that the deepest interest is felt, among the 
people of the United States, in the fate of Kossuth and his compa- 
triots of Hungary, who have hitherto escaped the vengeance of Aus- 
tria and Russia i)v seeking an asylum within the boun(hiries of the 
Ottonum Empire. The accounts respecting them have been so con- 
flicting — sometimes representing them as having escaped, and at 
others as being captive — that we have not known what to credit, and 
have, therefoie. declined to interfere in their behalf; nor do we now 
desire to interfere by entangling ourselves in any serious con- 
troversy with Russia or Austria. But we can not suppose that a 
compliance with the dictates of humanity, now that the contest with 
Hungary is over, would involve our friendly relations with any 
other power. Should you W of the opinion that our good offices 
would avail anything to secure their safety and their escape from the 
hands of those who still pursue them, it is desired by your (lovern- 
ment that you should intercede with the Sultan in their behalf. 
The President would be gratified if they could find a retreat under 
the American flag, and their safe conveyance to this country, by any 
one of our national ships which may be ai)out to return home, would 
be hailed with lively satisfaction by the American peoi>le.*'' 

Mr. Chiyton, Sec. of State, to Mr. Marsh, .Tan. 12. 18.">0. MS. Inst. Tur- 
key. I. .'5.';8. Extracts from this instruction were i)ul)!ished in S. Ex. 
Doe. 4.'?. '.U Cong. 1 sess. 1.'?. 

" By a dispatch of my predecessor, you were instructed to offer to 
the Sublime Porte to receive Mr. Kossuth and his companions on 



§ 905.] POLICY OF NONINTERVEXTTOX. 47 

board of one of the national ships of the United States, to convey 
them to this country. 

" It would be extremely gratifying to the government and people 
of the United States if this proposition could have been, at that time, 
accepted ; but it is understood that its not having been complied with, 
by the Sublime Porte did not arise from a wish, on His Imperial 
Majesty's part, to detain them, or from any unwillingness that they 
should proceed to the United States, but was in consequence of the 
Sultan's offer to Austria, to detain these persons for one year, at the 
expiration of Avhich time, unless further conventions should be en- 
tered into to prolong their detention, they should be at liberty to 
depart. 

" If this be so, the time is near at hand when their release may be 
expected, and when they may be permitted to seek an asylum in any 
part of the world to which they shall be able to procure the means of 
transportation. 

•' It is confidently hojjed that the Sublime Porte has not made, and 
will not make, any new stipulation, with any power, for their fur- 
ther detention; and you are directed to address yourself urgently, 
though respectfully, to the Sublime Porte on this question. 

" You will cause it to be strongly represented that while this Gov- 
ernment has no desire or intention to interfere, in any manner, with 
questions of public policy, or international or municipal relations 
of other governments, not affecting the rights of its own citizens, and 
while it has entire confidence in the justice and magnanimity and dig- 
nity of the Sublime Porte, yet on a matter of such universal interest, 
it hopes that suggestions proceeding from no other motive, than 
those of friendship and respect for the Porte, a desire for the con- 
tinuance and perpetuity of its independence and dignified position 
among the nations of the earth, and a sentiment of commiseration 
for the Himgarian exiles, may be received by the Porte in the same 
friendly spirit in which they are offered, and that the growing good 
feeling and increasing intercourse between the two governments may 
be still further fostered and extended by a happy concurrence of 
opinion and reciprocity of confidence upon this as upon all other 
subjects. Compliance with the wishes of the government and peo- 
ple of the United States in this respect will be regarded as a friendly 
recognition of their intercession, and as a proof of national good will 
and regard. 

" The course which the Sublime Porte pursued in refusing to allow 
the Hungarian exiles to be seized ui)on its soil by the forces of a for- 
eign state or to arrest and deliver them up itself to their pursuers was 
hailed with miiversal approbation, it might be said with gratitude, 
everywhere throughout the I"'^nited States, and this sentiment was not 
the less strong because the demand upon the Sublime Porte was made 



48 INTERVENTION. [§ 905. 

by governments confident in their great military power, with armies 
in the field of vast strength, flushed with recent victory, and whose 
purposes were not to bo thwarted or their pursuit stayed by any ob- 
stacle less than the interposition of an empire prepared to maintain 
the inviolability of its territories and its absolute sovereignty over its 
own soil. 

" This government, jealous of its own territorial rights, regarded 
with great respect and hearty approbation the firm and lofty position 
assumed by His Imperial Majesty at that time, and so j)rou(lly main- 
tained under circumstances well calculated to inspire doubt, and 
against demands urged with such gravity and supported by so for- 
midal)le an array. His Imperial Majesty felt that he should be no 
longer an independent prince if he consented to l)e anything less than 
the sovereign of his own dominions. 

" ^Miile thus r6garding the political position and conduct of the 
Sublime Porte in reference to other powers, His Majesty's generosity 
in providing for the wants of the fugitives, thus unexpectedly and in 
so great numbers throwing themselves upon his protection, is con- 
sidered equally worthy of admiration. ... 

" For (heir attempt at independence they have most dearly paid, 
and now, l)roken in fortune and in heart, without home or country, a 
band of exiles, whose only future is a tearful remembrance of the past, 
whose only request is to spend the remainder of their days in obscure 
industry, tliey await the permission of His Imperial Majesty to re- 
move themselves, and all that may remain to them, across the ocean 
to the uncultivated regions of America, and leave forever a continent 
which to them has become more gloomy than the wilderness, more 
lone and dreary than the desert. 

" The people of the United States expect from the generosity of the 
Turkish monarcli that this permission will be given. They wait to 
receive these exiles on their shores, where, without giving just cause 
of uneasiness to any government, they may enjoy whatever of conso- 
lation can be afforded by sympathy for their sufferings and that as- 
sistance in their necessities which this people have never been late in 
offering to any, and which they are not now for the first time called 
upon to render. Accustomed themselves to high ideas of national 
independence, the ])eople of the United States would regret to see the 
government of the vast Empire of Turkey constrained, by the force 
of circumstances, to exercise the duty of keeping prisoners for other 
powers. 

" You will further say to the Sublime Porte that if, as this gov- 
ernment hopes and believes, Mr. Kossuth and his companions are 
allowed to depart from the dominions of His Imperial Majesty at the 
expiration of the year commencing in May, 1850, they will find con- 
veyance to the United States in some of its national ships now in the 



§ 905.] POLICY OF NONINTERVENTION. 49 

Mediterranean Sea which can be spared for that purpose, and you 
will, on receiving assurances that these persons will be permitted to 
embark, ascertain precisely their numbers, and immediately give 
notice to the commander of the United States squadron on that sta- 
tion, who will receive orders from the jjroper authorities to be present 
with such of the ships as may be necessary or can leave the station to 
furnish conveyance for Kossuth and his companions to the United 
States." 

Mr. Webster, Sec. of State, to Mr. Marsh, Feb. 28, 18,51, MS. Inst, 'l^irkey, 
I. 346. 

" On the 3d of March last both Houses of Congress passed a reso- 
lution requesting the President to authorize the employment of a 
public vessel to convey to this country Louis Kossuth and his asso- 
ciates in captivity. 

" The instruction above referred to was complied with, and, the 
Turkish govennnent having released Governor Kossuth and his com- 
panions from prison, on the 10th of September last they embarked on 
board of the United States steam frigate Mississippi, which was 
selected to carry into effect the resolution of Congress. Governor 
Kossuth left the Mississippi at Gibraltar for the purpose of making 
a visit to England, and may shortly be expected in New York. By 
communications to the Department of State he has expressed his 
grateful acknowledgments for the interposition of this government 
in behalf of himself and his associates. This country has been justly 
regarded as a safe asylimi for those whom political events have 
exiled from their oAvn homes in Europe, and it is recommended to 
Congress to consider in what manner Governor Kossuth and his com- 
panions, brought hither by its authority, shall be received and 
treated." 

President Fillinoro, annual message, Dec. 2. 18.51 (Mr. \Vebster, Secretary 
of State), Kicharclson's Messages, V. 119. 

That the government of the United States contemplated the com- 
ing of Kossuth and his companions to America as emigrants is shown 
not only by Mr. Webster's instructions (o Mr. Marsh of Feb. 28, 1851, 
supra, but also by the joint resolution of Congress, which requested the 
President to employ a public vessel " if it [should] be the wish of 
these exiles to emigrate to the. United States," and by the instructions 
of the Secretary of the Navy, who directed Connnodore Morgan, the 
commander of the squadron of the United States in the Mediterra- 
nean, to send the steamer Mississippi to Constantinople as soon as 
he should be advised that thev desired " to seek a home " in the 
United States, and that the Sultan had consented to their departure. 
H. Doc. 551— vol 6 4 



50 INTERVENTION. [§ 005. 

Kossuth, in his acceptance of the otTer, did not refer to this aspect of 
it." lint it was soon ascertained by the representative of the United 
States, diplomatic as well as naval, in the East, that he had other 
views. He embarked on board the Mississippi Sept. 10, 1851. At 
Smyrna and other Mediterranean ports at which the vessel called 
his presence gave rise to revolutionary demonstrations, in which he 
himself participated. Esjjecially was this the case at Marseilles, 
where he went ashore, expecting to jjroceed through France to Eng- 
land and afterwards to rejoin the Mississip/n at Gibraltar. A great 
commotion ensued, and permission to pass through France was 
refused him. Leaving Marseilles in the midst of what Mr. Hodge, 
the United States consul, called a '' mob valedictory,*' the Mississippi 
conveyed him to Gibraltar, where he took a steamer for England. 
He embarked for the Ignited States on the 24th of November on the 
American steamer IlutuhohJt, at Southampton, and arrived at New 
York on the night of the 4th of Decemlx^r. At Washington he was 
j)resented by Mr. Webster to the President. Jan. 5, 1852, he was 
received by the Senate, and on the 7th by the House. In the Senate 
the proceedings were ])urely formal, and there were no addresses; 
in the House the same formality was observed, but Kossuth, after 
his presentation, briefly exi)ressed his thanks for the cordiality of his 
reception. 

On the evening of January 7 Kossuth attended a Congressional 
banquet, at which Mr. William R. King, President of the Senate, 
assisted by the Sj)eaker of the House, jiresided, it having been under- 
stood that nothing ()i)jecti()nable to those gentlemen as "noninter- 
vention men '' should be said at the dinner. Among the speakers 
was Mr. Webster, who. in concluding his remarks, said: 

" The progress of things is unquestionably onward. It is onward 
with respect to Hungary: it is onward everywhere. Public opinion, 
in my estimation at least, is making great progress' It will pene- 
trate all resources: it will come more or less to animate all minds; 
and. in respect to that country for which our sympathies to-night 
have been so strongly invoked. I can not but say that T think the peo- 
ple of Hungary are an enlightened, industrious, sober, well-inclined 
connnunity. and I wish oidy to add that I do not now enter into any 
discussion of the form of government that may l)e j)roper for Hun- 
gary. Of course, all of you. like myself, would l)e glad to see her. 
when she Iwcomes independent, embrace that system of government 
which is most accej^table to ourselves. We shall rejoice to see our 
American model upon the I^ower Danuln^ and on the mountains of 
Hungary. Put this is not he first stej). It is not that which will 



o H. Ex. Doc. TS, 32 Cong. 1 sess. 26. 



§ 905.] POLICY OF NONINTERVENTION. 51 

be our first prayer for Hungar}'. That first prayer shall be that 
Hungary may become independent of all foreign powers; that her 
destinies ma}^ be intrusted to her own hands and to her own dis- 
cretion. I do not profess to understand the social relations and con- 
nections of races, and of twenty other things that may affect the 
public institutions of Hungary. All I say is that Hungary can regu- 
late these matters for herself infinitely better than they can be reg- 
ulated for her by Austria ; and, therefore, I limit my aspirations 
for Hungary, for the present, to that single and simple point^ — Hun- 
garian independence, Hungarian self-government, Hungarian con- 
trol of Hungarian destinies." 

Curtis, Life of Webster, II. 578. See, as to Mr. Webster's presence at the 
banquet, his letter to President FiUniore, Jan. 7, 1852, Webster's 
Private Correspondence, 11. 50'-i. 

During his visit to Washington Kossuth sought and obtained an 
interview with Mr. Clay, who was then in feeble health. In the 
course of an extended conversation Mr. Clay said : 

" For the sake of my country you must allow" me to protest against 
the policy you propose to her. Waiving the grave and momentous 
question of the right of one nation to assume the executive power 
among nations, for the enforcement of international law, or of the 
right of the United States to dictate to Russia the character of her 
relations with the nations around her, let us come at once to the 
practical consideration of the matter. You tell us yourself, with 
great truth and propriety, that mere sympathy, or the ex]:)ression of 
sympathy, can not advance your purposes. You require material 
aid. . . . Well, sir, suppose that war should be the issue of the 
course you propose to us, could we then effect anj-thing for you, our- 
selves, or the cause of liberty? To transport men and arms across 
the ocean in sufficient numbers and quantities to be effective against 
Russia and Austria, Avould be impossible. . . . Thus, sir, after 
effecting nothing in such a war, after abandoning our ancient policy 
of amity and non-intervention in the affairs of other nations, and 
thus justifying thepi in abandoning the terms of forbearance and 
non-interference which they have hitherto preserved toward us; 
after the downfall. i)erhaps, of the friends of liberal institutions in 
Europe, her despots, imitating and provoked by our example, may 
turn upon us in the hour of weakness and exhaustion, and with an 
almost irresistible force of reason and of arms, they may say to us: 
' You have set us the example; you have quit your own to stand on 
foreign ground; you have abandoned the policy you professed in 
the day of your weakness, to interfere in the affairs of tlie jx^ople 
upon this continent, in behalf of those principles the supremacy of 
which you say is necessary to your prosperity, to your existence. We, 



52 INTERVENTION. [§ 005. 

in our turn, l)oliovinjr that your anarchical doctrines are destructive 
of, and that monarchical principles are essential to, the peace, 
security, and happiness of our subjects, will obliterate the bed which 
has nourished such noxious weeds; we will crush you, as the propa- 
gandists of doctrines so destructive of the peace and good order of 
the world,' The indomitable spirit of our people might and would 
be equal to the emergency, and we might remain unsubdued, even 
by so tremendous a combination, but the consequences to us would 
Ije terrible enough. You must allow me, sir, to speak thus freely, 
as I feel deeply, though my opinion may be of but little import, 
as the expression of a dying man. . . . By the policy to which 
we have adhered since the days of Washington we have prospered 
beyond precedent; we have done more for the cause of liberty in the 
world than arms could effect; we have shown to other nations the 
way to greatness and hapi)iness. . . . Far better is it for our- 
selves, for Hungary and for the cause of liberty, that, adhering to 
our wise pacific system and avoiding the distant wars of Europe, we 
should keep our lamp burning brightly on this western shore, as a 
light to all nations, than to hazard its utter extinction, amid the 
ruins of fallen and falling republics in P^urope." 

Report of the si>ecial coininittee appointed by the comnion council of the 
city of New Yoiic to nuilie nrrnngenients for tlie rece|»tion of Gov. 
Louis Kossuth, Appendix, r)74-.577. 

Kossuth left Washington January 12, 1852. He addressed to 
President Fillmore a farewell letter, with the request that it might 
be communicated to Congress. To this request the President, 
through Mr. Webster, declined to accede, at the same time suggest- 
ing that the letter might be sent to the i)residing oflicers of the two 
Houses. On this suggestion Kossuth subsequently acted, but his letter 
was coldly received, a motion to print it being carried in the Senate- 
by only one vote, after a debate characterized by much freedom of 
exj)re.ssion. 

After the Congressional bancpiet Mr. Hiilsenuimi, the Austrian 
»harge (TaiTaires, who, in cons<Miuence of dili'erences with Mr. Web- 
ster, had become unable to communicate with the Department of 
State, sought an interview with the President, and, although he was 
not i'utitled to claim an aiidience of the head of the state, the l*resi- 
dent received him and assured him of his desir(> to maintain friendly 
relations with Austria. At the end of April, however, Mr. Hiilse- 
mann, his relations with the Dej^artment of State having undergone 
no improvement, gave notice of his withdrawal from Washington, 
assigning as the j)rincipal reason therefor the course of Mr. Webster 
iit and previously to the Congressional banquet. Mr. AVebster after- 
wards addressed to Mr. McCurdy, the charge d'affaires of the United 



§ 005.] POLICY OF NONTNTERVENTIOlSr. ^ 53 

States at Vienna, a connnunication in which he maintained that "no 
foreign government or its representative can take just offense at 
anything which an officer"' of the United States "may say in his 
private capacity ; " that " official communications only are to be 
regarded as indicating the sentiments and views of the Government 
of the United States;" and that, if those communications were of 
n " friendly character," the " foreign government has no right or 
reason to infer that there is any insincerity in them, or to point to 
other matters as showing the real sentiments of the government." 
S. Ex. Doc. 92, 32 Cong. 1 sess. 

Mr. Hiilsemann afterwards returned to Washington on an intima- 
tion by Mr. Everett, who had succeeded Mr, Webster as Secretary of 
State, that it would be agreeable to the President if he should resume 
his post. 

The following documents contain correspondence in relation to Kossuth: 
S. Ex. Doc. 43, 31 Cong. 1 sess.. Parts I and II ; S. Ex. Doc. 81, 31 
Cong. 1 sess.; S. Ex. Doc. 9, 31 Cong. 2 sess.; S. Ex. Doe. 92, 32 
Cong. 1 sess. ; II. Ex. Doc. 78, .32 Cong. 1 sess. 

" M. Kossuth [because of the President's repulse of his appeal for inter- 
vention] was in no amiable mood during his visit to Washington. 
He was reserved and moody, and received the attentions that were 
lavished upon him with a distrait and dissatisfied air, and with a 
scant return of courtesy. It so happened that I chanced to make my 
New Year's call on Mr. and Mrs. Webster at the moment that M. 
Kossuth and his party entered. Pie stood apart from the few guests 
that were then present, and his whole bearing threw a chill and 
restraint over the circle. I remarked to Mrs. Webster that her 
illustrious guest seemed to be in an unsocial mood, and she replied 
that when she had attempted to open conversation with him by 
remarking upon the brightness of the day, he replied that he took no 
interest iTi the weather — that his mind was absorbed in painful 
thoughts about his countr.v — and the conversation, naturally enough, 
l)roceeded no further. 

" I think it was on the following day that the President gave a dinner 
to M. Kossuth, to which (Jeneral Scott and the Cabinet and a few 
other pul)lic men, and to which also I and my wife were invited. 
As we were al)out to proceed to the reception room we eneounteretl 
Mr. and Mrs. Webster, and at the suggestion of the latter Mrs. Web- 
ster tcok my arm and he gave his own to my wife. As we" were about 
to move in this order, a servant announced that M. Kossuth was im- 
mediately behind us, whereupon Mr. Webster turned to welcome him, 
announcing to his wife at the same moment — against her remon- 
strances, for she felt that he had been rude to her — that we nuist 
change ' the order of our going.' and that she must take M. Kossuth's 
arm. During and after dinner the bearing of the guest, in behalf of 
whom the banquet had been given, was stately and constrained. It 
was evident that he felt sore and angry. He stood ajiai-t after 
dinner, in a manner which repelled attempts to enter into conversa- 
tion with him. His whole appearance, alike by his picturesque cos- 



54 POLICY OF NONINTERVENTION. § 905.] 

tuine and his attitude and expression, suggested a moody Hamlet, 
whom neither man nor woman pleased. After a vain attempt to 
engage him in conversation on riungarian topics, I asked Mr. Fill- 
more what had hai)pen(^l to his illustrious guest to have thrown him 
into such an evidently ungenial state of feeling. He said it was In 
constMiuence of what had occurred at his i)resentation. Mr. Fillmore 
told mo that there had Ihhmi an e.xitlicit understanding with M. Kos- 
sutli. througli his secretary, that there was to he no allusion in his 
sjH'ech. u|)on heing presented, to the suhject of aid or intervention 
on the part of the (JoviM-nment of the United States, in hehalf of the 
party in Hungary that aimed to secure its independence of Austria, 
and that he had prepared his reply on the assumption that such 
would he the character of the address. His surprise was therefore 
great when M. Kossuth in his address invoketl that aid, and expressed 
the hoi>e that it wcmld he given. The President was compelled, on 
tlH' sjmr of the moment, to omit what he had i)repared to say, and to 
declare to liini. with i)erfect courtesy, i)ut with equal explicltness, 
that nothing like sanction, much less material aid, for the cause of 
the independence of Hungary could he given hy the Government of 
the T'nited States. The reply was admirahle, and could not have 
heen improved had Mr. Fillmore anticipated the tenor of Kossuth's 
address and prepared his answer. It was courteous, yet extremely 
dignified and decided. Indeed, it may he regardwl as fortunate that 
an occasion so conspicuous occurred for proclaiming at home and to 
foreign states that the policy of the Government was then, as it had 
always heen. that of ahsolute nonintervention in the affairs of 
European nations. 

" Mr. Wehster. who presented M. Kossuth to the President, wrote on the 
same day to a friend that ' Mr. Fillmore received him with great 
propriety, and his address was all right — sympathy, personal respect, 
and kindness, hut no dei)arture from our estahlished policy.' I 
inferred from Mr. Fillmore's animated description of the scene that 
he regarde<l it as an unfair attempt to entrap him into some exi)res- 
sion or some omission which might seem to countenance M. Kossuth's 
cherislied hope of inducing the (Jovernment to give l)oth its moral and 
materia! aid to renew the struggle for Hungarian independence. It is^ 
not strange that he should have passionately desired such a result; 
hut it was a singular delusion to sup|)ose it possihle that our Govern- 
ment would enter upon the (luixotic career of making the United 
States tiie armed champion of European nationalities struggling for 
lil)erty and indei>endeiice. 

'At the Congressional dinner given to M. Kossuth his reception was most 
enthusiastic. In connnon with all the audience, I was c(mipletely 
entrance<l hy his singularly captivating eloquence. I was assigned a 
seat next to .Mr. Seward, and his demonstrations of applause by 
hand!* and f«'et and voice were excessive. The ' Hungarian Whirl- 
wind' certainly carri<Hl away everything on that occasion, and min- 
gled all parties into one conftis(Hl mass of admirers prostrate at Kos- 
suth's feet. Tile speech seemed to me wanting in no element of a 
consummate master]»iece of elo(|uence. The orator's picturesijue ap- 
p«'ai-iince. Iiis archaic English style, his vibrant and thrilling voice, 
and his skillfully seI<H-t(Hl and arranged topics, all concurred in the 
production of an effect u|K)n his audience such as I have never seen 
surpassed. As addressed to American statesmen, it exhibited, what 



f§ 905. INTERVENTION. 55 

was very rare amonj? foreigners, a i)erfeot understanding of our Gov- 
ernment, as the union of separate states with their autonomy in a 
given spliere, under a general constitution. Mis eulogium of this 
arrangement, and his description of its adaptation and its probable 
adoption by various nationalities in Europe, was very skillful. The 
union of Germany in one empire may be regarded by some as the 
fii-st step toward that confederated German republic which he fore- 
told. 

" It was doubtful up to the last moment before Mr. Webster's appearance 
whether he would come .-md make a spewh on that occasion. . . , 

" The speech which Mr. Webster made, as we now read it, seems very 
appropriate to the occasion and to his own position ; but his manner 
was constrained, and after the high pitch of enthusiasm to which 
the audience had been wrought up, it fell rather heavily upon them, 
and did not give that measure of encomium of M. Kossuth which their 
feelings at the moment craved. But Mr. Webster spoke to an audi- 
ence, many of whom were bitter i)olitical foes or alienated friends, 
and his recent experience in connection with M. Kossuth, while it had 
not diminished his admiration of his brilliant ability, had convinced 
him that, though matchless as an orator, he was no statesman. More- 
over, his position as Secretary of State made it incumbent upon him 
to speak with great c-aution. If there was an intention on the part 
of Mr. Seward to entrap Mr. Webster into any compromising declara- 
tions by which his influence or his prospects might be injured, it was 
not successful. The speech might not be vehemently admired; it 
could not justly be condemned." (The Rev. C. M. Butler, Reminis- 
cences of Mr. Webster (pamphlet).) 

" The sobf* second thought brought our i)ul)lic men and our people back to 
a sense of the true destiny of the Republic, and in this way they were 
greatly aided by Kossuth's own indisci'eet conduct. It soon became 
apparent that in all this Hungarian business we had departed from 
the policy marked out by Washington to abstain from intermeddling 
in the political affairs of Europe, and that our action was inconsistent 
with the Monroe doctrine, whereby we sought to exclude European 
nations from extending their jwlitical influence on the American 
hemisphere." (Mr. John W. Foster, A Century of American Diplo- 
macy. :« 1-3.32.) 

Mr. Marcy, Secretary of State, in a letter to Mr. Mason, chairman of the 
Senate Committee on Foreign Relations, July 25, 1854. presented the 
claim of Mr. Marsh, United States minister at Constantinople, and of 
the United States consul at the same place, for reimbursement for 
expenses which they had incurred in respect of the Hungarian 
refugees, "The original number of the refugees," said Mi'. Marcy, 
" was much diminished during their stay in Turkey ; a large number 
escaped through the connivance of the Turkish authorities, and made 
their way by means of passi)orts or otticial certificates, given by the 
I'nited States agents, to different parts of Europe, and even to the 
United States, some returned to Hungary, others wandered into 
the interior, and many arrived in Constantinople. . . . Their 
necessities compelled the legation and the consulate of the United 
States — the latter then and for a considerable period previously in 
charge of the memorialist — to contribute, as it is alleged liy both, to 
their relief to an extent which, as stated by Mr. Marsh, was a .serious 
embarrassment to him. He was aware that he could not lawfully 



50 INTERVENTION. [§ 906. 

claim any allowauee for this e.\i)en<liture in his account with tlie con- 
* tinncnt fund. l)ut tlio action of the (lovernnient and the expression of 
public synip;«th.v in America had put him In a position which abso- 
lutely coiiiiM>lled him to Ro nuich beyond his means in supplying the 
wants of these suffering outcasts." (7 MS. Uei>*»J"t Hook, 12(5.) 

With reference to the reception of Mr. A. Dudley Mann, when a Con- 
fetlerate agent, by His Holiness the I'ope, and the letter of the Pope 
to Mr. Davis, see supra. § 72. I. 211. S(h>, for another version of the 
letter, translated from the Moiiiiciii-, of Taris, and the letter of Mr. 
Davis, t.iken from the same journal. Dip. Cor. ^HM, III. i:5-14. 

In Dip. Cor. 1S«!2, r»(!l, there is printed a dispatch from Mr. Motley, then 
minister to Austria, of February 12, 18(52. From the dispatch, as 
printed, a passage is omitted. This i)assage relate<l to an interview 
which Mr. Motley had had with the Austrian minister of foreign 
affairs. Count Hechberg. in which the latter stated that he had been 
informed of an intention on the part of those hostile to the Cnited 
States (Jovermnent to i)ublish the secret instructions given by the 
United States to Mr. Mann when he was sent as an emissary to 
Hungary, in l.S4!>. Count Uechberg declared that he did not mention 
the matter in an unfriendly spirit, but declared that, while the 
Unittnl States was " n)aintaining the i>rinciples of legal authority 
against insurrection and rebellion," the Austrian (iovernment "had 
no disposition to throw imi)edinients in their path, or to do them 
any injury." Cimnt Hechberg referrtnl to the instructions as being 
" secret," and later furnished Mr. Motley with a copy of them. The 
so-called "secret" instructions were Mr. Clayton's instructions to Mr. 
Mann, of June IS, 1S41), which were publi.shed in full with President 
Taylor's message of March 28, 1850. S. Ex. Doc. 43; 'M Cong. 1 sess., 
which Mr. Motley had not seen. It was in reality the publication of 
the instructions in 18r>0 that led to the Webster-IIiilsemann corre- 
spondence. .Mr. Seward wrote to Mr. Motley that it was not worth 
while to take much trouble about Mr. Mann's revival of the Hun- 
garian (|uestion. and that he had n()t taken the trouble to look it up. 
(Mr. Sewiird. Sec. of State, to Mr. .Motley, min. to Austria (confld.), 
March 10. 1802. MS. Inst. Austria. 1. 100.) 

.'3. iNTKKVK.NTIO.N IN Cl HA. 

(1) KKI.ATIO.NS, 1S2.V1807. 

i< DOC). 

" It a|)j)ears. on lookiiifj into the papers of IS'Ii) and 1820, that so 
far from our liavin<r prohibited Me.xico and Cok)nJ)ia from making 
any attack upon Coha. we juiiformly abstained fia)m doing anything 
of the kind. The Americans dechired they coukl not see with in- 
ditl'erence any state otlier tlian Sj)ain in ])Ossession of Cuba, and 
further theii" disposition to interpose their power should war be con- 
<hi<-t<'d in Cuba in a <lrr<ist<ithi<f manner, and with a view to the 
e.xcitement of a ser\ih' war." 

2 Dijiry of Lord i:ilenl>orough. 18.S. under date of Feb. 8. 18.'?0, his lord- 
ship being then a cabinet minister in the Duke of Wellington's 
administration. 



§006.] CUBA. 57 

"The colonies of Spain are near to our own shores. Our commerce 
with them is hirge and important, and the records of 
p pe 1 ion. ^j^^ diplomatic intercourse l)etween the two countries 
will show to Her Catholic Majesty's government how sincerely and 
how steadily the United States has manifested the hope that no 
political changes might lead to a transfer of these colonies from Her 
Majesty's Crown. If there is one among the existing governments 
of the civilized world which for a long course of years has diligently 
sought to maintain amicable relations with Spain, it is the govern- 
ment of the United States. 

" Not only does the correspondence between the two governments 
show this, but 'the same truth is established by the history of the 
legislation of the country, and the general course of the executive 
government. In this recent invasion, Lopez and his fellow-subjects 
in the United States succeeded in deluding a few hundred men, 
by a long-continued and systematic misrepresentation of the political 
condition of the island, and of the wishes of its inhabitants. And 
it is not for the purpose of reviving unpleasant recollections that 
Her Majesty's government is reminded that it is not many years 
since the commerce of the United States suffered severely from 
armed boats and vessels which found refuge and shelter in the 
ports of the Spanish islands. These violations of the law, these 
authors of gross violence towards the citizens of this republic, were 
finallv suppressed, not by any effort of the Spanish authorities, but 
by the activity and vigilance of our Navy. This, however, was not 
accomplished but by the efforts of several years, nor until many valu- 
able lives, as well as a vast amount of property, had been lost. 
Among others. Lieutenant x\.llen, a very valuable and distinguished 
officer in the naval service of the United States, was killed in an 
action with these banditti."' 

Mr. Webster, Sec. of State, to Mr. Barrinsor, Nov. 2(>, ISm. Webster's 
Works. 513, 514; citetl in 2 Curtis's Life of Webster, 557. 

See further, as to the Loi)ez expedition. (5 Wol)ster"s Works. 535 ; S. Ex. 
Doc. 41, 31 Cong. 2 sess. ; H. Ex. I>oc. 2. .32 Cong. 1 sess. pt. 1 ; II. Ex. 
Doc. 19, 32 Cong. 1 sess. 

As to the cases of the Georgiana and Susan Loud, and the Contoy pris- 
oners, see Mr. Bayard, Sec. of State, to Mr. King, Oct. 30, 1885, 157 MS. 
Dom. Lot. 4!«r; to Mr. Allison, March 5, ISSO, 159 id. 232, both citing 
H. Ex. Doc. 83, 32 Cong. 1 sess. 

In September, 1852, the Spanish authorities at liavana, on the 
arrival at that port of the American mail steamer 
Case of the "Ores- (j^^^^^^^^ (j^ ordered the captain to keep Mr. Smith, 
cent City." "^ ' ^ • i • 

the purser, on board, and not to permit iiim to come 

on shore, on the ground that he had written calumnies against the 
captain-general of the island. The political secretary of the island 



58 INTERVENTION. [§ 906. 

subi^oquontly stated that no vessel belonpng to the company which 
owned the Crescent City would lx> permitted to enter the jwrt of Ha- 
vana with Mr. Smith on hoard, or with any other person who made 
use of his j)osition in the line to write abusive articles against the 
captain-<reneral. The captain denied that Mr. Smith had written 
or composod any such article as lie was charged with having pro- 
duced. The Crescent City returned to Havana in October, again 
having Mr. Smith on board as purser, and was at once ordered to sea. 
Neither nuiils nor j)assengers Avcrc permitted to land, and the ship 
was obliged to leave in a gale. The government of the United States 
complained of the action of the Cuban authorities. The right of the 
cajitain-gcneral to j)r()hibit the entrance into the island of any per- 
son whose presence might be dangerous was not questioned, but it 
was maintained that this right ought to Ix^ exercised on reasonable 
grounds, and that, in refusing to permit the passengers or mails of 
the Crescent City to be landed because Purser Smith was on board, 
or even to permit the vessel to enter the harbor, the captain-general 
had gone far l>eyond the necessities of the case, and had taken a step 
of which the United States had a right to complain. 

Mr. Everett, Sec. of State, to Mr. Sharkej', consul at Havana, No. IS, Nor. 
.•50, 18.")2. II. Ex. Doc. SC, ?,?, Cong. 1 sess. 45; Mr. Everett, Sec. of 
State, to Mr. Barringer, niin. to Spain, No. G6, Dec. 4, 1852, id. 47; 
same to same. No. 7.S, Feb. 4, 1853, id. G9. 

For a comi>laiut of the United States as to the unnecessary detention at 
Havana of the American mail steamer Ohio, see Mr. Marcy, Sec. of 
State, to Mr. Barringer, min. to Spain, No. 77, April 19, 1853, H. Ex. 
Doc. SC, :« ("ong. 1 ses.s. 73. 

As to the opening of the mails of the United States by the Cuban authori- 
ties, see H. Ex. Doc. 80, 33 Cong. 1 sess. 

" The affairs of Cuba formed a prominent to])ic in my last annual 
message. Tlicy remain in an uneasy condition, and a feeling of 
alarm and irritation on the part of the Cuban authorities appears 
to exist. This feeling has interfered with the regular commercial 
intercourse Ix'tween the United Staes and the island and led to 
some acts of which we have a right to comi)lain. But the captain- 
general of Cuba is ch)thed with no power to treat with foreign govern- 
ments, noi- is lie in any degree under tlie control of the Spanish minister 
at Washington. Any conununication which he may hold with an agent 
of a foreign i)ower is informal and a matter of courtesy. Anxious 
to j)ut an end to the existing inconveniences (whicli seemed to rest on 
a misconce])tion). T directed the newly appointed minister to Mexico 
to visit Havana on his way to ^'era Cruz. He was respectfully 
received by the captain-general, who conferred with him freely on 
the recent occurrences, but no peruianent arrangement was effected. 
In the meantime the refusal of the captain-general to allow pas- 



§906.] CUBA. 59 

sengers and the mail to be landed in certain cases, for a reason which 
does not furnish, in the opinion of tliis government, even a good 
presumptive ground for such a prohibition, has been made the sub- 
ject of a serious remonstrance at Madrid ; and I have no reason to 
doubt that due respect will be paid by the gov^ernment of I lis 
Catholic Majesty to the representations which our minister has been 
instructed to uiake on the subject. 

" It is but justice to the captain-general to add that his conduct 
toward the steamers employed to carry the mails of the United States 
to Havana has, with the exceptions above alluded to, been marked 
Avith kindness and liberality, and indicates no general purpose of 
interfering with the commercial correspondence and intercourse be- 
tween the island and this country." 

President Fillmore, juimial message, Dec. (>, 1852, Richardson's Messages, 
V. 164. 

" The reply of Mr. Calderon de la Barca, Her Catholic Majesty's 
minister of foreign relations, to the demand for in- 
Black Warrior demnitv and satisfaction which you were instructed 
case. ' . - . . 

to make, is, as you must have anticipated, very 

unsatisfactory to the President. A\niat further steps should be 
taken in respect to that case [of the Black Warrior], has been 
with him a matter of very serious deliberation. He has determined 
to make a final appeal for the adjustment of past difficulties, and 
for future quiet, in a way which he hopes will impress Spain with 
the solemn conviction that an adjustment, embracing the future 
as well as the past, must be made. He will not, however, recommend 
a resort to an extreme measure until milder means are exhausted. 
Satisfied with the spirited manner in which you have performed the 
duties of your mission, in his opinion it would give weight, and per- 
haps efficiency, to this final appeal he ])roposes to make, if he should 
associate with you, in presenting and enforcing it, two other of our 
most distinguished citizens. By a commission of this high character 
this country will evince, in the most emphatic numner, its deep solici- 
tude to accomplish the objects in view without the hazard of those 
})rotracted delays which usually attend the ordinary course of diplo- 
macy, particularly with such a court as Spain. Tn order to carry out 
this purpose of the President, the concurrence of Congress Avill be 
recjuired, and it is proposed soon to bring this subject to its considera- 
tion. 

'• AVith this despatch you will receive another, commenting ujjon 
the reply of the Spanish government to the denumd you made in the 
case of the Black Warrior, and exposing its unsatisfactory character. 
Though the President does not think it advisable, in view of wliat I 
have stated as to a commission, that you should take any further steps 



60 INTERVENTION. [§ 906. 

at present in regard to that case, he has no objection, but on the con- 
trary desires, that Her Catholic Majesty's government should know 
in what ligflit he views its reply to our claim to reparation. 

" You are therefore at liberty to read the accompanying d&spatch to 
the Spanish minister of foreign relations and may furnish him with 
a copy if he desires it." 

Mr. Miiny. Sec. of State, to Mr. SouU', niin. to Spain (confidential), June 

24. 18r>4. MS. In.st. Spe<'ial Missions. III. (K). 
See also Mr. Marcy to Mr. Soulc. March 11, March 17, June 22, and Aug. 

1«5, 18.>t, MS. Inst. Spain, XV. 39, 43, G9. 

*' It was not until the 22d instant that I received your despatch, 
written so long ago as the 28th of July, at Barcelona, marked No. 2, 
separate. 

" The survey of the condition of Spain which you have made, 
while it agrees with the opinion which I have constantly entertained, 
at the same time presents the salient points of the subject with a dis- 
tinctness that renders the paper very valuable. The deplorable con- 
dition of the finances of that great country seems to he practically 
incurable by any jirocess which could be endured by the Spanish 
nation. In the early part of the present year I received, indirectly, 
information that the Spanish government was then applying for a loan 
in Paris upon the hypothecation of the government chest of Cuba. 
Without asking for auy explanation I took pains immediately to 
nuike it known to the Si)anish government that while the United 
States will remain entirely content with the present relations of the 
island of Cuba to Spain, they would nevertheless claim a right to be 
informed of any proceeding in regard to the island which would 
involve, either directly or indirectly, its resignation by the Spanish 
Crown. I expressly stated on that occasion that I solicited no reply, 
but was content to leave the question with the simple but direct inti- 
nuition which I now recite. 

'• Since that intimation Avas given, nothing has been heard or read 
1)V me on the subject of a transfer or hypothecation of the Spanish 
possessions in America. The situation in Spain, as you have de- 
scribed, is sufficiently grave to justify constant vigilance on the part 
of this government. 

" I shall endeavor to practice it." 

Mr. Sc\v7\nl. Sec. of State, to Mr. Bancroft, niin. to Prussia, No. 22, Oct. 
28. ISCT, MS. Inst. Prussia. XIV. 4HC,. 



§907.] CUBA. - 61 

(2) TEP' YEAKS' WAK, 18e>8-1878. 
§ 907. 

"As the United States is the freest of all nations, so, too, its people 

sympathize with all peoples struggling for liberty 

President's annual .jj^j self-governnient. But while so sympathizing, it 

UlcaSclKOf XOO^* •-11 

IS clue to our honor that we should abstain from en- 
forcing our views upon unwilling nations, and from taking an inter- 
ested part, without invitation^ in the quarrels between different na- 
tions or between governments and their subjects. Our course should 
always be in conformity with strict justice and law, international and 
local. Such has been the policy of the administration in dealing 
with these questions. For more than a 3'ear a valuable province of 
Spain, and a near neighbor of ours, in whom all our people can not 
but feel a deep interest, has been struggling for independence and 
freedom. The people and government of the United States entertain 
the same warm feelings and sympathies for the people of Cuba in 
their pending struggle that they manifested throughout the ])revious 
struggles between Spain and her former colonies in behalf of the 
latter. But the contest has at no time assumed the conditions which 
amount to a war in the sense of international law. or which would 
show the existence of a de facto political organization of the insur- 
gents sufficient to justify a recognition of l)elligerenc3\ 

" The principle is maintained, however, that this nation is its own 
judge when to accord the rights of belligerency, either to a people 
struggling to free themselves from a government they believe to be 
oppressive or to independent nations at war with each other. 

" The United States has no disposition to interfere with the exist- 
ing relations of Spain to her colonial possessions on this continent. 
They believe that in due time Spain and other European powers will 
find their interest in terminating those relations and establishing 
their present dependencies as independent powers — members of the 
family of nations. These dependencies are no longer regarded as 
subject to transfer from one P^uropean jjower to another. When the 
present relation of colonies ceases, they are to become independent 
powers, exercising the right of choice and of self-control in the deter- 
mination of their future condition and relations with other powers. 

'' The United States, in order to put a stop to bloodshed in Cuba, 
and in the interest of a neighboring pe()i)le. proposed their good 
offices to bring the existing contest to a termination. The offer, not 
l)eing accepted by Spain on a basis which we believed could be 
received by Cuba, was withdrawn. It is hoped that the good offices 
of the United States may yet prove advantageous for the settleniout 
of this unhappy strife. Meanwhile a number of illegal expeditions 
against Cuba have been broken up. It has been the endeavor of 



62 INTERVENTION. [§ 007. 

the Administration to execute the neutrality laws in good faith, no 
matter how unpleasant the task, nuide so by the sufferings we have 
endured fi"om lack of like good faith towards us by other nations." 

rresUlent (Iraiit. .•iiiiiu.il niossajjo. Dec. ti, 1809, Klchardson's Messages, 
VII. .-.i. 

" On the ti(»th of March last the TTnited States schooner TAzzie 
Major was arrested on the high seas by a Spanish frigate, and two 
passengers taken from it and carried as prisoners to Cuba. Repre- 
sentations of these facts were made to the Sj)anish government as 
soon as official information of them reached Washington. The two 
passengers were set at liberty, and tiie Spanish (lovernment assured 
the United States that the captain of the frigate in making the cap- 
ture had acted without law, that he had been reprimanded for the 
irregularity of his conduct, and that the Spanish authorities in Cuba 
would not sanction any act that coidd violate the rights or treat with 
disrespect the sovereignty of this nation." 

President (Jranl, annual niessnge, Deo. 0, 1809, Richardson's Messages, 
VII. -.vi. 

'•Your despatch of the 13th ultimo. No. 55, in which you announce 
the definite postponement, in the Cortes, of the consideration of the 
subject of the proposed reforms in the government of Porto Kico has 
l)een received. 

"As we have a material and moral interest in those reforms and 
have made representations on the subject to the Spanish government 
which have not only been received without objection but have led 
to a promise on their part that the reforms should be adopted, we 
necessarily feel pained at tiie hesitation and delay on this subject. 
Indeed, these may be regarded as so much having the aspect of bad 
faith, that you will Hrndy but with due consideration of national 
sensibilities j^rotest against the dehiy which has already taken place 
in the matter and the seeming purjiose indefinitely to postpone it." 

Mr. Fish, Sec <if State, to (Jen. Siclvles, niin. t<) Sjiain. No. ;{0. Marcli 11, 
1S70. MS. Inst. Sp.iin. XVI. 'Si. 

" In my annual message to Congress, at tlie beginning of its present 
.session. I referi-ed to the contest which had then for 
Special message, „,oi.,. (J,.,,, ., y^..,,. (.xisted in the island of Cuba be- 
June 13. 1870. .• <...,,• 

Iweeu a portU)n or its inliabitants and the govern- 
ment of Spain, and tlie feelings and sympathies of the pe()j)le and 
governuient of the I iiited Stat<'s for tiie people of Cuba, as for all 
peoples slruggliiig for liberty and self-government, and said that ' the 
contest has at no time assumed the conditions which amount to war 
in the sense of international law, or which would show the existence 



§ 907.] CUBA. 63 

of a de facto political organization of the insurgents sufficient to jus- 
tify a recognition of belligerency.' 

"During the six months which have passed since the date of that 
message, the condition of the insurgents has not improv^ed; and the 
insurrection itself, although not subdued, exhibits no signs of advance, 
but seems to be confined to an irregular system of hostilities, carried 
on by small and illy armed bands of men, roaming, without concen- 
tration, through the woods and the sparsely populated regions of the 
island, attacking from ambush convoys and small bands of troops, 
burning plantations and the estates of those not sympathizing with 
their cause. 

" But if the insurrection has not gained ground, it is equally true 
that Spain has not suppressed it. Climate, disease, and the occasional 
bullet have worked destruction among the soldiers of Spain; and 
although the Spanish authorities have possession of every seaport and 
every town on the island, they have not been able to subdue the hos- 
tile feeling which has driven a considerable number of the native 
inhabitants of the island to armed resistance against Spain, and still 
leads them to endure the dangers and the privations of a roaming life 
of guerrilla warfare. 

" On either side the contest has been conducted, and is still carried 
on, Avith a lamentable disregard of human life, and of the rules and 
practices which modern civilization has prescribed in mitigation of 
the necessary horrors of war. The torch of Spaniard and of Cuban 
is alike busy in carry devastation over fertile regions: murderous and 
revengeful decrees are issued and executed by both parties. Count 
Valmaseda and Colonel Boet, on the part of Spain, have each startled 
humanity and aroused the indignation of the civilized Avorld by the 
execution, each, of a score of prisoners at a time, while General Que- 
sada, the Cuban chief, coolly and with apparent unconsciousness of 
aught else than a proper act, has admitted the slaughter, by his own 
deliberate order, in one day, of upward of six hundred and fifty pris- 
oners of war. 

"A summary trial, with few, if any, escapes from conviction, fol- 
lowed by immediate execution, is the fate of those arrested on either 
side on suspicion of infidelity to the cause of the party making the 
arrest. 

''Whatever may be the sympathies of the i)e()ple or of the govern- 
ment of the United States for the cause or objects for Avhich a part of 
the people of Cuba are understood to have i)ut themselves in armed 
resistance to the government of Spain, there can be no just sympathy 
in a conflict carried on by both parties alike in such barbarous viola- 
tion of the rules of civilized nations, and with such continued outrage 
upon the plainest principles of humanity. 



64 INTERVENTION. [§ 907. 

•' We can not discriminate in our censure of their mode of conduct- 
ing their contest between the Spaniards and the Cubans; each commit 
the same atrocities and outra«;e alike the establislied rules of war. 

" The properties of many of our citizens have l>een destroyed or 
embar<j:(H'd, the lives of several have l)een sacrificed, and the lilH>rty of 
others has been restrained. In every case that has come to the knowl- 
ed<rc of the ^overnnient an early and earnest demand for reparation 
and indenmity has been made, and most emphatic remonstrance has 
bi'en })res(Mited against the manner in which the strife is conducted, 
and against the reckless disregard of human life, the wanton destruc- 
tion of material wealth, and the cruel disregard of the established 
rides of civilized warfare. 

" I have, since the beginning of the present session of Congres.s, 
connnunicated to the House of Representatives, upon their request, an 
account of the steps which I had taken, in the hope of l)ringing this 
sad conflict to an end. and of securing to the people of Cuba the bless- 
ings and the right of intlependent self-government. The efforts thus 
made failed, but not without an assurance from Spain that the good 
offices of this government might still avail for the objects to which 
they had been addressed. 

" During the whole contest the remarkable exhibition has been made 
of large numbers of Cubans escaping from the island and avoiding 
the risks of war: congregating in this country at a safe distance from 
the scene of danger, and endeavoring to nudve war from our shores, 
to urge our jx'ople into the tight which they avoid, and to embroil 
this government in complications and |)ossible hostilities with Spain. 
It can scarce be doubted that this last result is the real object of these 
parties, altliough carefidly covered under the deceptive and appar- 
ently i)lausible demand for a mere recognition of belligerency. 

" It is stated, on what I have reason to regard as good authority, 
that Cuban bonds have been prepared to a large amount, whose pay- 
ment is uiade dependent upon the recognition by the United State's of 
either Cuban belligerency or independence. The object of nuiking 
their value thus contingent upon the action of this government is a 
subject foi' s<>ri()us reflection. 

" In determining the course to Ih» adopted on the demand thus nuide 
for a recognition of belliger<>ncv, the liberal and peaceful principles 
adopted i)y the ' Father of his Country " and the eminent statesmen 
of his day, and followed by succeeding Chief Magistrates and the men 
of their day. may furnish a safe guide to those of us now charged 
with the direction and control of the public safety. 

'• From 17SI) to 1815 the dominant tliought of our statesmen was to 
keep the United States out of the wars which were devastating 
Euroi)e. The discussion of measures of neutrality begins with the 



§ 907.] CUBA. 65 

state papers of Mr. Jeflferson Avheu Secretary of State. lie shows 
that they are measures of national right as well as of national duty ; 
that misguided individual citizens can not be tolerated in making 
war according to their own caprice, passions, interests, or foreign 
symj^athies; that the agents of foreign governments, recognized or 
unrecognized, can not Ise permitted to abuse our hospitality by usurp- 
ing the functions of enlisting or equipping military or naval forces 
within our territory. Washington inaugurated the policy of neu- 
trality and of absolute abstinence from all foreign entangling alli- 
ances, which resulted, in 1794, in the first municipal enactment for 
the observance of neutrality. 

" The duty of opposition to filibustering has been admitted by 
every President. "Washington encountered the efforts of Genet and 
the French revolutionists; John Adams, the projects of Miranda; 
Jefferson, the schemes of Aaron Burr. Madison and subsequent 
Presidents had to deal wdth the question of foreign enlistment or 
equipment in the United States, and since the days of John Quincy 
Adams it has been one of the constant cares of government in the 
United States to prevent piratical expeditions against the feeble 
Spanish-American republics from leaving our shores. In no country 
are men wanting for any enterprise that holds out promise of adven- 
ture or of gain. 

'' In the early days of our national existence the whole continent of 
America (outside of the limits of the United States), and all its 
islands, were in colonial dependence upon European powers. 

" The revolutions which, from 1810, spread almost simultaneously 
through all the Spanish-American continental colonies, resulted in the 
establishment of new states, like ourselves, of European origin, and 
interested in excluding European politics and the questions of 
dynasty and of balances of power from further influence in the New 
World. 

" The American policy of neutrality, important before, became 
doubly so from the fact that it became applicable to the new repui)- 
lics as well as to the mother country. 

" It then devolved upon us to determine the great international 
question, at what time and under what circumstances to recognize a 
new power as entitled to a place among the family of nations, as well 
as the preliminary question of the attitude to be observed by this 
government toward the insurrectionary party, pending the contest. 

" Mr. Monroe concisely expressed the rule which has controlled the 
action of this government with reference to revolting colonies pend- 
ing their struggle, by saying, *As soon as the moveuuMit assumed 
such a steady and consistent form as to make the success of the prov- 
inces probable, the rights to which they were entitled, by the laws of 
nations as equal parties to a civil war, were extended to them." 
H. Doc. 551 — vol 6 5 



66 INTERVENTION. [§ 007. 

" Tho strict adheroiu-e to this rule of public policy has l)een one of 
the highest honors of American statesmanship, and has secured to 
this government the confidence of the feeble powers on this conti- 
nent, which induces them to rely upon its friendship and rfbsence of 
designs of concpiest. and to look to the United States for example and 
moral protection. It has given this government a position of promi- 
nence and of influence which it should not abdicate, but which im- 
poses uj)on it the most delicate duties of right and of honor regarding 
American (piestions, whether those questions affect emancipated colo- 
nies or colonies still subject to European dominions. [President 
Grant here discusses the "question of belligerency " as "one of fact,'' 
and argues that the circumstances do not warrant the recognition of 
Cuban belligerency. The passage nuiy be found in Chapter III., 
§ (h, vol. 1. pp. 104-1 DC] . . . 

'* In view of the gravity of this question, I have deemed it my duty 
to invite the attention of the war-making power of the country to 
all the relations and bearings of the question in connection with the 
declaration of neutrality and granting of belligerent rights. 

" There is not a de facto government in the island of Cuba suf- 
ficient to execute law and maintain just relations with other nations. 
Spain has not been able to suppress the opposition to Spanish rule 
on the ishind. nor to award speedy justice to other nations, or citi- 
zens of other nations, when their rights have been invaded. 

'* There are serious complications growing out of the seizure of 
American vessels upon the high seas, executing American citizens 
without proper trial, and confiscating or embargoing the property 
of American citizens. Solemn protests have been made against every 
infraction of the rights either of individual citizens of the Ignited 
States or the rights of our flag ui)on the high seas, and all j)roper 
steps have been taken and are being j)ressed for the proper reparation 
of every indignity complained of. 

"The question of belligerency, however, which is to Ixi decided 
upon definite ])rinciples and according to ascertained facts, is en- 
tirely different from and unconnected with the other »iuestions of 
the manner in which the strife is carried on on l)oth sides, and the 
treatment of our citizens entitled to our protection. 

" These (piestions concern our own dignity and responsibility, and 
they have Imumi made, as I have said, the subjects of repeated com- 
munications with Spain, and of protests and demands for redress on 
our paj-t. It is hoped that these will not be disivgarded : but should 
they 1k'. these (juestions will W made the sui)ject of further communi- 
cation to Congress." 

President <!r;int. si><><-i;il iiu'ss:ik»'. .Iuik' 1:5. 1S70, Uk-hardson's Messages, 
VII. ()4. 



§ 907.] CUBA. 67 

" I inclose a copy of a decree said to have been made by a military 
tribunal in Cuba, and published in the Diario de la Marina on the 
9th of November, current. 

'• This decree purports to condemn to death sundry persons named 
in it as the central republican junta of Cuba and Porto Rico, estab- 
lished in New York, and to confiscate their property. It appears 
affinnatively in the decree that none of the condemned had appeared 
before the court. 

" This revolutionary body, known as the Cuban junta, voluntarily 
disbanded itself about one month before this decree was made, and 
announced its intention to discontinue any hostile purpose it might 
have entertained against Spanish rule in Cuba. During its previous 
histor}' its acts, so far as conflicting with the laws of the United 
States and the international duties of this government, were repressed 
by the President. This Department has also been officially informed 
by Mr. Roberts that the state of alTairs in Cuba is regarded as a 
favorable one by the Spanish government, and that in consequence 
of that the extraordinary powers previously vested in him had been 
withdrawn. This government has, therefore, seen with surprise and 
regret the announcement of a policy in Cuba which is apparently 
uncalled for by any present emergencies, Avhich is not in harmony 
with the ideas now entertained by the most enlightened nations as to 
the treatment of political offenses, and which, as it appears to us, will 
tend to continue the unhappy disturbances which exist in Cuba. AVe 
recognize, however, that, so far as this is a purely domestic question 
between the government of S})ain and the persons or properties of 
those who are subject to that government, the United States have no 
other right to interpose than that growing out of the friendly rela- 
tions which have always existed between them and Spain, and the 
good faith with which they have observed their duties and obligations 
in this contest. It appears, however, that on this list are to be found 
the names of some persons who claim to be citizens of the United 
States. As to each such person you will inform the minister for 
foreign affairs that, if it shall appear that his claim to be a citizen of 
the United States is valid, and tliat he has done no act to forfeit his 
rights as such, it will be claimed and insisted that he is entitled to 
the trial by civil tribunal, and in the ordinary forms of law which 
are guaranteed to citizens of the United States by the article of the 
treaty of 1705 which has already been made the subject of corre- 
spondence between you and the Spanish government." 

Mr. Fish, Sec. of State, to Mr. Sickles, miii. to Spain, No. Ill, Nov. 2."). 
1870, For. Rel. 1871, 7:^:5. 

"Although this [a proclamation by the governor-general of Cuba 
threatening death to insurgents taken prisoners with arms in 



68 INTERVENTION. [§ 007. 

their hands] is a measure touching the internal affairs of a country 
which is within the exchisive jurisdiction of the government of that 
country, it seems to l)e of a character so inhuman and so much at 
variance with the practice of Christian and civilized states in 
modern times under similar circumstances, that this government 
regards it as its duty merely as a friend of Spain, to protest and 
remonstrate against the carrying it into effect." 

Mr. Kish. Se*-. of State, to Mr. Roberts, Jan. 8, 1872, MS. Notes to 
Spain, IX. (51. 

For Mr. Webster's letter of intercession for the participants in the 
Loi)ez expedition, see G Webster's Worlds, .513; S. Ex. Doc. 41, 31 
Conj;. 2 sess. ; 11. Ex. Docs. 2 and 19, 32 Cong. 1 sess. 

As to interposition witli the British Government in favor of certain 
Fenian prisoners eai)tnred in Canada, see Mr. Seward, Report to 
tlie President, Jnly 2(5, 18()t;; MS. Reiwrt Book No. 9. (See, also, 
II. Ex. Doc. ir)4. .'{9 Cong. 1 sess.) 

For the application of Mr. Fish, Sec. of State, to the Spanish Govern- 
ment for the release of Santa Rosa, in 1872, see Mr. Fish to Admiral 
Tolo, Dec. 17, 1872, For. Rel. 1873, II. 1047. 

" It is not understood that the condition of the insurrection in Cuba 
has materially changed since the close of the last ses- 
^"""^iSTo"*^^' "^^"^ "^ Congress. In an early stage of the contest the 
authorities of Spain inaugurated a system of arbitrary 
arrests, of close confinement and of military trial, and executicm of 
])ersons suspected of complicity with the insurgents, and of summary 
embargo of their pro[)erties, and sequestration of their revenues by 
executive warrant. Such proceedings, so far as they affected the 
j)ersons or property of citizens of the United States, were in violation 
of the provisions of the treaty of 1795 between the United States 
and Spain. Representations of injuries resulting to .several persons 
claiming to be citizens of the United States, by reason of such viola- 
tions, were made to tlie Spanish government. From April, ISGO, to 
June last the Spanish minister at Washington had been clothed with 
a limited ])ower to aid in redressing such wrongs. That power was 
found to be witiuh-awn, ' in view,' as it was said. ' of the favorable 
situation in wliich the island of Cuba' then 'was;' which, however, 
did not lead to a revocation or susjiension of the extraordinary and 
arl)iti"ary functions exercised by the executive power in Cul)a, and we 
were obliged to make our complaints at Madrid. In the negotiations 
thus opened, and still i)ending there, the United States only claimed 
that, for the future, the rights secured to their citizens l)y treaty 
should be respected in Cuba, and that, as to the past, a joint tribunal 
should be established in the United States, with full jurisdiction over 
all such claims. Before such an impartial tribunal each claimant 
would be required to prove his case. On the other hand. Spain 



§ 907.] CUBA. 69 

would be at liberty to traverse every material fact, and thus com- 
plete equity would be done. xV case which, at one time, threatened 
seriously to affect the relations between the United States and Spain 
has already been disposed of in this way. The claim of the owners 
of the Colonel Lloyd Aspinirall, for the illegal seizure and detention 
of that vessel, was referred to arbitration, by mutual consent, and 
has resulted in an award to the United States, for the owners, of the 
sum of nineteen thousand seven hundred and two dollars and fifty 
cents, in gold. Another and long-pending claim of like nature, that 
of the whaleship Canada, has been disposed of by friendly arbitra- 
ment during the present year. It was referred, by joint consent of 
Brazil and the United States, to the decision of Sir Edward Thorn- 
ton, Her Britannic Majest3''s minister at Washington, who kindly 
undertook the laborious task of examining the voluminous mass of 
correspondence and testimony submitted by the two governments, 
and awarded to the United States the sum of one hundred thousand 
and seven hundred and forty dollars and nine cents, in gold, which 
has since been paid by the imperial government. These recent 
examples show that the mode which the United States has proposed 
to Spain for adjusting the pending claims is just and feasible, and 
that it may be agreed to by either nation without dishonor. It is to be 
hoped that this moderate demand may be acceded to by Spain with- 
out further delay. Should the pending negotiations, unfortunately 
and unexpectedly, be without result, it Avill then become my duty to 
communicate that fact to Congress and invite its action on the sub- 
ject." 

President Grant, annual message, Dec. 5, 1870, For. Rel. 1870, 4. 

" It is to be regretted that the disturl)ed condition of the island of 
Cuba continues to be a source of annoyance and of 
'^'^^^i«7i°**^^^ anxiety. The existence of a protracted struggle in 
such close proximity to our own territory, without 
apj:)arent prospect of an early termination, cannot be other than an 
object of concern to a people who, while abstaining from interfer- 
ence in the affairs of other powers, naturally desire to see every 
country in the undisturbed enjoyment of })eace, liberty, and the bless- 
ings of free institutions. 

" Our naval commanders in Cuban waters have been instructed, in 
case it should Income necessary, to spare no effort to protect the lives 
and property of bona fide American citizens, and to maintain the 
dignity of the flag. 

" It is hoped that all pending questions with Spain growing out of 
the affairs in Cuba may be adjusted in the spirit of peace and concili- 
ation which has hitherto guided the two powers in their treatment of 
such questions." 

President Grant, annual message. Deo. 4, 1871, For. Rel. 1871, vii. 



70 INTERVENTION. [§ 907. 

Scptemhor 20, 1872, Sefior Jil Colunje, secretar}^ of interior and 

foreiofn relations of Colombia, iasued a circular to 

Colombian circu- .i *- £ k • • t i- j.ii 

tlie trovernnients of America in relation to the 
lar. *^ 

Cuban (question. He referred to the fact that the 

contest had lasted for four years, and that there Avas no i)rosi)ect of 
its termination. Its liorrors multiplied as time advanced. All 
"means of extermination." "from devastation to burning, and from 
confiscation to the gibbet." were brought into action: and the island 
Avould become "a field of ruin and desolation." The nations of the 
American continent could not remain "calm spectators of so des- 
perate a struggle." Everything combined to " awaken the most 
earnest symj)athy," which had been expressed by the President of 
the United States in his annual message of December, 18()9. The 
rights of (^iba should no longer be ignored. Moreover, the elevation 
of (^uba to the rank of a nation would signify the disappearance of 
slavery. The government of Colombia therefore felt itself justified 
in i)roposing that all the governments of Spanish America in accord 
with the United States take "common action for the obtainment 
from that of Spain of the recognition of the indej)endence of Cuba.'' 
Should the expenses incurred in the war be an obstacle to Spain's 
acceding to the views of the mediating governments, they might 
agree to reimburse her pro rata, while they themselves would require 
no reimbursement, though, if it should l)e required, the resources of 
Cul)a would be ample. Should the proposal of mediati(m be ac- 
ce])ted. the first step to l)e taken, in view of the possible protraction 
of the negotiations, would be '* immediate regulation of the war by 
the discontinuance of confiscation and capital ])unishment for polit- 
ical offenses, as well as all other illegitimate means of warfare." 

A copy of this circular was sent by Mr. Fish to certain diplomatic 
officers. 

Mr. Fish, Sec. of State, to certain diploniatic oHicers, confidential circular. 
.Tan. .'M». IMT."?. enclosing a copy of Sefior .lil Colunje's circular, MS. 
Inst. Arjrcntine Hopublic. XVI. 2*.). 

" Your despatch No. i'A'k of the 2r)th ultimo, relative to the circular 
of the Colombian government in regard to Cuban affairs, has l)een 
received. It is acc()mi)anied by a copy and translation of a note 
upon the subject, of the 8d of February last, addressedby the minister 
for foreign affairs of Peru to the minister for foreign affairs of 
Coloml)ia. I am not, however, certain that I fully understand the 
views and puri)oses of the Peruvian government upon the subject 
as expressed in that paper. It contains at least one e.xj)ression, 
however, to which I must take exception. At the close of the 4th 
paragraph of his note Mr. Aguero speaks of the inefficiency of the ar- 
bitrament (arbiter, as translated by you) to attain the object sought. 



[§907. CUBA. 71 

This seems to imply that the arbitrament of this government between 
the Spaniards and the insurgents in Cuba had been employed, but 
had failed. This is contrary to the fad. No such measure has Ijeen 
undertaken. In no event would it be attempted pursuant to the 
Colombian circular unless the answers of the Spanish-American 
states to that circular and the condition of affairs in Cuba had given 
ground to expect that our intervention would be successful. This 
event has not yet hai:)pene(l, and there does not seem to be any imme- 
diate i)rospect of its occurrence. It is certain, however, that our 
zeal in behalf of the step jH-oposed by Colombia would not be in- 
creased by her having taken it for granted that our intervention 
would in any event be employed. The measure would have been 
much more acceptal)le to us. whatever might be the probability of its 
success, if. before the circular had been issued. Ave had been consulted 
as to our disposition to accept the functions of an arbiter.'' 

Mr. Fish. Sec. of State, to Mr. Thomas, No. .50, June 2:), 187.3, MS. Inst 
I'eru, XVI. 2.-)2 

" The present ministry in Spain has given assurance to the public, 
through their organs of the press, and have confirmed 

Efforts to use good ,, . n / i . i 

the assurance to you personally, (as you have reported 

in recent dispatches,) of their intention to put in 

operation a series of extensive reforms, embracing among them some 

of those Avhich this government has been earnest in urging upon their 

consideration in relation to the colonies which are our near neighbors. 

*' Sustained, as is the present ministry, l)y the large popular vote 
which has recently returned to the Cortes an overwhelming nuijority 
in its support, there can be no more room to doubt their ability to 
carry into operation the reforms of Avhich they liave given })romise 
than there can be justification to question the sincerity with which 
the assurance was given. It seems, therefore, to be a fitting occasion 
to look back upon the relations between the United States and Spain, 
and to mark the progress which may have been nuide in accomplish- 
ing those objects in which we have been promised her co-operation. 
It must be acknowledged with regret that little or no advance has 
been made. The tardiness in this respect, however, cannot be said 
to be in any way imputable to a want of diligence, zeal, or ability 
in the legation of the United States at ]SIadrid. The I)ei)artment 
is persuaded that no persons, however gifted with those qualities and 
faculties, could have better succeeded against the apparent apathy 
or indifference of the Spanish authorities, if, indeed, their past omis- 
sion to do what w^e have expected should not be ascribable to other 
causes. 

" The Spanish government, partly at our instance, passed a law 
providing for the gradual emancipation of slaves in the AVest India 



72 INTERVENTION. [§ 907. 

colonics. This law, so far as this Department is aware, remains 
unexecuted, and it is feared that the recently issued regulations, pro- 
fessedly for its execution, are wholly inadequate to any practical 
result in favor of emancipation, if they he not really in the interest 
of the slaveholder and of the continuance of the institution of slavery. 
While we fully acknowledge our obligation to the general rule, which 
requires a nation to abstain from interference in the domestic con- 
cerns of others, circumstances warrant partial exceptions to this rule. 
The United States have emancipated all the slaves in their own ter- 
ritory, as the result of a civil war of four years, attended by a vast 
effusion of blood and exjxmditure of treasure. The slaves in the 
Spanish possessions near us are of the same race as those who were 
bondsmen here. It is natural and inevitable for the latter to sym- 
pathize in the oppression of their brethren, and especially in the 
waste of life, occasioned by inhunum jDunishments and excessive toil. 
Xor is this sympathy confined to those who were recently in bondage 
among us. It is universal, as it is natural and just. It rests upon 
the instincts of humanity, and is the recognition of those rights of 
man which are now universally admitted. Governments can not 
resist a conviction so general and so righteous as that which con- 
demns as a crime the tolerance of human slavery, nor can govern- 
ments be in fault in raising their voice against the further tolerance 
of so grievous a l)lot upon humanity. You will, consequently, in 
decisive but respectful terms, remonstrate against the apparent 
failure of Spain to carry into full effect the act referred to. We 
acknowledge that this may be a difRcut task. The reproaches, open 
or covert, of those whose supposed interests may be affected by it, to 
say nothing of other underhand proceedings, must be trying to the 
patience and highly embarrassing to the statesmen who may be the 
best disposed toward the measure. All, however, who countenance 
lukewarmness or neglect in carrying it into effect must, more or less, 
\)c liai>le to the charge of duplicity or bad faith, a charge which 
every man of honor in high staticm ought to endeavor to avoid. 

"By the enactment of the law of July, 1870. the government of 
Spain is i)ractically connnitted to the policy of emancipation. It is 
true that the law was far from being as comi)rehensive a measure as 
was hoped for by the friends of enumcipation both in Spain and 
throughout Christendom, but it was regarded as the entering wedge 
and the first step toward the extermination of a great wrong, and as 
the inauguration of a measure of justice and of peace, whereby Spain, 
to her high honor, declared herself in harmony with the general senti- 
ment of modern civilization and with the j^rinciples of unquestioned 
human rights. It is so manifestly due to that sentiment and to those 
principles that their recognition, as thus evidenced, be made practical 
and effective by the enforcement of the law, that it can not be ques- 



§ 907.] CUBA. 73 

tioned that Spain, with the pride and the honor that mark her his- 
tory, will no longer delay the execution of the law and the observance 
of the pledge to humanity and to justice which was implied in the 
enactment. 

'• There is another view which may be taken of this subject. The 
Spanish government and the Spanish people are understood to be 
almost unanimously adverse to the independence of Cuba. It will not 
be denied that the resistance to the enforcement of the emancipation 
law proceeds almost entirely from those interested in slave property 
in the island of Cuba, who have, through the successive ministries 
to which the government of Spain has been intrusted since the enact- 
ment of the law in July, 1870, been enabled hitherto to delay and to 
defeat its execution by preventing the promulgation of regulations 
effective for the end to which the law was directed. 

'•An important law is thus nullified through the influence and 
agency of a class in Cuba who are the most loud in profession of devo- 
tion to the integrity of the Spanish territory and to the continuance 
of Spanish dominion over the island. The example of disregard to 
laws thus set can not be without its influence. If Spain permits her 
authority to be virtually and practically defied in that island by a 
refusal or neglect to carry into effect acts of the home government of 
a humane tendency, is not this tantamount to an acknowledgment of 
inability to control? If she refuse to enforce her authority in one 
instance, why may it not be spurned in others, and will not her suprem- 
acy, sooner or later, become nominal only, with no real advantage 
to herself or her colonies, but to the serious detriment of l)oth, as well 
as of those other powers whose relations, whether of neighborhood 
or of connnerce. give them special interest in the welfare of those 
])ossessions ? 

'Tt is also represented that the grasping cupidity of sugar planters 
in Cuba has succeeded in enabling them virtually to annul their con- 
tracts with coolies for a limited term of service, coupled with the 
privilege of returning to their homes at its close, and that those 
unfortunate Asiatics, under regulations for an enforced re-engagement 
when their former contract may have expired, are being practically 
reduced to the same al)ject condition as the African slaves. If this 
be true, it is impossible for the government of any civilized country 
to be indifferent to so atrocious a proceeding. You will mention tliis 
subject to the Spanish minister for foreign affairs, and Avill not con- 
ceal the view which we take of it. 

" The insurrection in Cuba has now lasted four years. Attem])ts 
to suppress it, so far futile, have been made probably at a sacrifice 
of more than a hundred thousand lives and an incalculable amount 
of property. Our commercial and other connections with that island 



74 INTERVENTION. [§ 907. 

coiniH'l US to take a Avann interest in its peaceful and orderly con- 
dition, without which there can not he ])ros|)erity. 

•• C'uha hein<r separated from this country by a narrow passage, 
the temptations for reckless adventurers here to violate our law and 
embark in hostile expeditions thither is great, despite the unques- 
tioneil vigilance of this government to maintain its duty and the 
efforts with which the api)roaches to the island have been guarded 
by the Spanish cruisers. The said i)ro.\imity has led Cubans and 
others, partisans of the insurgents, to take u}) their abode in the 
United States, actuated by the hope that that i)roximity would enable 
them advantageously to j)lot and act for the advancement of their 
cause in the island. We certainly have reason to expect that the 
great strain uj)()n our watchfulness to thwart those schemes .occa- 
sioned by the long duration of hostilities in Cuba, should have some 
termination through a cessation of the cause which hitherto has been 
supposed to make it necessary for the discharge of our duties as a 
neutral. 

" Ever since the insurrection began, we have repeatedly l)een called 
upon to discharge those duties. In the performance of them we are 
conscious of no neglect, but the trial to our impartiality by the want 
of success on the part of Spain in suppressing the revolt is neces- 
sarily so severe that unless she shall soon be more successful it will 
force upon this government the consideraticm of the question 
whether duty to itself and to the commercial interests of its citizens 
may not demand some change in the line of action it has thus far 
pursued. 

'• It is intimated, and is probal)ly true, that the corruption which 
is more or less inseparable from such protracted contests is itself a 
principal agent in prolonging hostilities in Cuba. The extortions 
incident to furnishing supplies for the troops, the hope of sharing 
in the proceeds of insurgent or alleged insurgent property, would of 
course be i)ut an end to by the restoration of traiuiuillity. These 
njust be jiowerful agencies in fettering the arm which ought to strike 
home for j)eace. for order, and the quiet enjoyment of the citizen. 
It is reasonable to suppose, too, that the saving of the public money 
which UMist result from a termination of the conflict would alone 
l>e a sutlicient incentive for a i)atriotic government to exert itself to 
the utmost for that i)uri)ose. 

•• Resides a measure for the abolition of slavery, and assurances of 
the speedy termination of the contest in Cul>a, we have been assured 
that extensive nnmicipal reforms would be introduced in the colonies, 
and that their government would be liln'ralized. Certainly the Span- 
ish government, with its experience of the past, and with the knowl- 
edge which it cannot fail to have of the tendencies of the age, can 
never expect j>eaceably to maintain the ancient colonial system in 



§ 907.] CUBA. 75 

those islands. The abuses of that system press heavily upon the 
numerous educated natives of the same race, and, if not reformed, 
must be a constant source of bitter antipathy to the mother country. 
The repeated assurances of the intention of the government to 
abolish slavery and to grant liberal reforms in the administration of 
the island are admissions by Spain of the wrong of slavery and of the 
existence of evils which need reform, but are still allowed on the 
illogical and indefensible ground that concession can not be made 
while resistance continues. 

"A nation gives justification to resistance while admitted wrongs 
remain unredressed ; resistance ceases to be justifiable when no wrongs 
are either admitted or alleged. Redress Avrongs and resistance will 
cease. 

" Spain is too great a power to fear to do what she admits to be 
right because it is asked vehemently ; or because its attainment is 
sought improperly she need not apprehend that the reforming of 
abuses and of wrongs, which she admits to exist, and declares herself 
ready to correct, will be attributed to an unworthy motive, Avhile 
delay in removing admitted wrongs which it is within her power to 
remove places her in a false position, and goes far to justify and to 
attract sympathy to those Avho are sufferers from the unredressed 
wrongs. 

'' Spain itself has been the scene of civil commotion, but j^risoners 
taken in arms have not been put to death as they are in Cuba, nor 
have amnesties been regarded as dangerous in the peninsula ; why 
should they be so regarded in the colonies? or why should concessions 
be dishonorable in Cuba that are not so considered at home? The 
suggestion that they would be is the offspring of the selfishness of 
those interested in prolonging the contest for private gain. 

'"A just, lenient, and humane policy toward Cuba, if it would not 
bring quiet and order and contentedness, Avould at least modify the 
judgment of the world that most of the evils of which Cuba is the 
scene are the necessary results of harsh treatment, and of the nuilad- 
ministration of the colonial government. 

" You are aware that uiany citizens of the United States, owners of 
estates in Cul)a, have suffered injury by the causeless seizure, in viola- 
tion of treaty obligations, of those estates, and by the ai)propriation 
of their proceeds by those into Avhose hands they had fallen. Though 
in some one or two instances the j^roperty has been ordered to be 
restored, so far there has been no indemnification for the damage sus- 
tained. In other instances, where restitution has been promised, it 
has l^een evaded and put off in a Avay which cannot fail to excite the 
just resentment of the sufferers and of their government, whose duty 
it is to protect their interests. 



70 INTERVENTION. [§ 907. 

"'The docroe of 'MA August last, prescribing regulations for the 
l)roc'etHlings (•onccrning sequestrated property in Cuba, so far as it 
recognized the embargo or confiscation of the property of those 
charged witii coinplicity in the insurrection, as a judicial proceeding, 
in ^vhich the parties are entitled to be fairly heard, may be regarded 
as a concession to the frequent remonstrances of this government, as 
well as to the refjuirements of justice. liut, unless the action of the 
lx)ar(l to Ih' constituted under that decree exhibit a very different 
measure of promptness and of activity from that which has l)een 
given to the icmonstrances of this government against the proceedings 
whei-eby the proj)erty of citizens of the United States has heretofore 
been seized, the organization of the board will serve only to increase 
the very just causes of complaint of this government. It is hoped 
that it will not be allowed to become the means or the excuse of fur- 
ther })rocrastination. or of delaying beyond the extremest limits of 
patience, which have already been reached, the decision upon the 
many cases which have been the subject of protracted diplomatic 
correspondence. 'J'here will readily occur to you several cases, which 
need not be sj)ecifically enumerated, which have been referred back- 
ward and forward Ijetween Madrid and Havana to the very verge of 
the exhaustion of all patience. In the mean time the proj^erty of 
citizens of the Tnitcd States has been held in violation of the treaty 
between this country and Spain. 

" In some of tiicse cases you have been promised the release of the 
embargo. It is expected that the tardy redress thus j)romised will 
not be further delayed by any alleged necessity of reference to this 
newly constituted board. 

'• It is hoped that you will j^resent the views above set forth, and 
{he present grievances of which this government so justly complains, 
to the govennnent to which you are accredited, in a way which, with- 
out I'ivinjr ort'ense. will leave a conviction that we are in earnest in the 
expression of those views, and that we expect redress, and that if it 
should not soon 1h' afforded Sj)ain must not be sin'pris<Ml to find, as the 
inevitable icsuh of the delay, a marked change in the feeling and in 
ilie tenijM'i- of the ])eople and of the government of the United States. 
Believing that the present ministry of Spain is in a sufficiently con- 
firmed position of power to carry out the measures which it an- 
nounces, and the reforms which have been j)romis<»d, and to do jus- 
lice by the icmoval of the causes of our well-founded complaints, and 
not doubting the sincerity of the assurances which have been given, 
the United States look confidently for the realization of those hopes 
which have been encouraged in' rejx'ated promises that all causes for 
estrangj'inent. or for the interruption of thos<' friendly feelings which 
are traditional, as they are sincere, on the part of this Government 
toward Spain, will be speedily and forever removed." 



§ 907.] CUBA. 77 

Mr. Fish, Sec. of State, to Mr. Sickles, min. to Spain, No. 270, Oct 29, 
1872, For. Rel. 1872, 580. 

On April 19, 1872, General Sickles, on his return to Madrid to resume the 
active duties of his mission, was furnished with a letter of recall 
with a view to the susi)ension of diplomatic intercourse through a 
minister, leaving the business of the legation in the hands of the 
charge d'affaires ad interim. This step was proposed in view of the 
apparent hopelessness at that time of bringing al>out any essential 
change in the situation in Cuba. It was declared that tlie President, 
in spite of the unsatisfactory relations between the two countries, 
had no disposition to foment a rupture with Spain, but that, on the 
contrary, he still hoped that the best understanding miglit be pre- 
served with that government. But, in case General Sickles with- 
drew, no new minister was to be accredited to the government of 
Spain until there should be reason to expect such a change in the 
disposition of that government with reference to the execution of 
reforms in Cuba as might lead to greater hope of their success. (Mr. 
Fish, Sec. of State, to Gen. Sickles, min. to Spain, No. 210, April 19, 
1872, MS. Inst. Spain, XVI. 300.) 

In a dispatch, No. 452, of October 20, 1872, General Sickles reix)rted an 
unofficial and confidential inquiry l)y tlie Spanisli minister of foreign 
affairs whether the President would consent to exert his g(Kxl olhces 
for the purpose of endeavoring to restore peace in Cuba on the basis 
of refoi'ms in the political, social, and administrative system, which 
reforms were to embrace municipal government, a provincial legis- 
lature, and the gradual abolition of slavery. The minister of foreign 
affairs stated tliat if assurances to this effect were given to the 
Insurgents by the President, and if, accompanied l)y his advice and 
counsel, they should happilj' induce the insurgents to lay down their 
arms, Spain would at once proceed to the fulfillment of lier promise. 
Commenting upon tliese suggestions, Mr. Fish remarked that an 
accommodation between contending parties should proceed with mu- 
tual and reciprocal advances, and that the proposal of the minister of 
foreign affairs Involved an extreme concession on the one side with 
only an indefinite promise on the other. But, pa.ssing this question 
by. Mr. Fish said that, if Spain was in earnest in the desire for the 
President's interposition, the minister's informal and unollicial 
inquiry would be followed by a formal rcipiest to that effect. .More 
than three years jireviously the President was induced to olTer to the 
Spanish cabinet his good offices for the purposes of l)ringing the war 
in Cuba to a close. Those good oHices were accepted by the then 
president of the council, but it was sub.se(iuently signified that their 
withdrawal would be conveni(>nt. The President was convinced that 
his good offices would be of no avail unless both parties were 
disposed to accept reasonable counsels. A definite statement of tlu' 
particular reforms, and of the degree of self-government and of 
local administration, which Spain was prepared to conce«le was 
essential to any hope of success in an effort by a third party to pro- 
mote a pi'actical reconciliation. P.ut, if Spain should ollicially and 
formally make the reiiuest which Mr. .Martos's informal and un- 
official conversation foreshadowed and should be prei)ared to state 
the extent of reforms, embracing among them a jtrovincial leirisl.it nre 
to be chosen by the free voice of the inhabitants, the aliolition of 
slavery in all its forms, municipal governments, self-taxation, ample 



78 INTERVENTION. [§ 907. 

guarantoos of tlio rij^hts of iktsoiis and of property, a strict limita- 
tion of tlio i>o\vor of officials, oxoniption from standing armies, and 
tbo general control of the internal affairs of the island and of its 
inhabitants, tlje President would undertake to present such suggestetl 
reforms to those in Cuba who were resisting the authority of Spain 
and would use his influence to induce their acceptance. In this 
case it would probal)ly be necessary to embody in a protocol the 
particulars of the several reforms which Spain proposed. In con- 
clusion. Mr. Fish observed that, if no practical result could be 
attained, it would seem to be of little avail to continue an envoy 
extraordinary at Madrid. (Mr. Fish, Sec. of State, to General 
Sickles, min. to Spain. No. 272, Nov. 10, 1872, MS. Inst. Spain, 
XVI. 371.) 
As to tlie previous tender of the President's good offices, mentioned by 
Mr. Fish, see Moore, Int. Arbitrations, II. 1020 et seq. 

In acknowledging the receipt of dispatches from General Sickles, 
Xos. ()70 and G72, of July 27 and 81, 1878, Mr. Fish expressed regret 
tiiat the effort to establish a republican form of government in Spain 
did not give greater j)romise of success. The United States had 
promptly and cordially recognized that government and extended to 
it the moral effects of its sympathy, and had further manifested its 
friendly interest by abstaining from the exercise of pressure with 
regard to affairs in Cuba. Recent information from Havana showed, 
however, that the decree 'for the release of embargoed estates had not 
been i)roclaime(l there and that influences were at work to prevent its 
publication and to mdlify its effects. The President had also heard 
Avith deep concern and regret the announcement said to have been 
Diade by a member of the ministry of Spain that no reforms will be 
granted and no notice taken of the demands of the Cuban insurgents 
so long as they did not lay down their arms. In the interest of Spai«, 
no less than in that of Cuba, of the United States, and of humanity, 
the President hoped that this might not be the determination of 
Spain, and (leneral Sickles was to urge upon the ministry the disa- 
vowal or abandonment of a policy so inconsistent with the possibility 
of restoring j^eace. 

Mr. Fisli. Sec. of State, to (Jen. Sickles, min. to Spain. No. .WO, Aug. 27, 
lS7:i. For. Hel. 1S7:5. II. W.V2. 

"Whatever general instructions you may need at the present time 
for your guidance in representing this government at Madrid have 
reference entirely to the actual state of the island of Cuba and its 
relation to the Unitecl States as well as to Spain. 

" It is now more than five years since an organized body of the 
inhabitants of that island assembled at Vara, issued a declaration of 
independence, and took uj) arms to maintain the declaration. The 
movement rapidly spread, so as to occupy extensive regions of the 



§ 907.] CUBA. 79 

eastern and central portions of the island, and all the resources of the 
Spanish government have been exerted ineffectually to suppress the 
revolution and reclaim the districts in insurrection to the authority 
of Spain. The prosecution of the war on both sides has given rise 
to many questions, seriously affecting the interests and the honor of 
the United States, which have become the sul)ject of diplomatic dis- 
cussion between this government and that of Spain. 

" You will receive herewith a selection, in chronological order, of 
the numerous dispatches in this relation which have passed between 
the two governments. From these documents you will derive ample 
information, not only respecting special questions, which have arisen 
from time to time, but also respecting the general purposes and 
polic}^ of the President in the premises. 

" Those purposes and that policy, as indicated in the accompanying 
documents, have continued to. be substantially the same during the 
whole period of these events, except in so far as they may have been 
modified by special circumstances, seeming to impart greater or less 
prominence to the various aspects of the general question, and thus, 
without producing any change of principle, yet, according to the par- 
ticular emergency, to direct the action of the United States. 

" It will suffice, therefore, on the present occasion, first, briefly to 
state these general views of the President ; and, secondly, to show 
their application to the several incidents of this desperate struggle 
on the part of the Cubans to acquire independence, and of Spain to 
maintain her sovereignty, in so far as those incidents have immedi- 
ately affected the United States. 

" Cuba is the largest insular possession still retained by any Euro- 
pean power in America. It is almost contiguous to the United 
States. It is pre-eminently fertile in the production of objects of 
commerce which are of constant demand in this country, and. Avith 
just regulations for reciprocal interchange of commodities, it would 
afford a large and lucrative market for the i)roducti()ns of this coun- 
try. Commercially, as well as geographically, it is by nature more 
closely connected with the United States than with Spain. 

"Civil dissensions in Cuba, and especially sanguinary hostilities, 
such as are now raging there, produce effects in the ITnited States 
second in gravity only to those which they produce in Si)ain. 

" MeauAvhile our political relation to Cuba is altogether anoma- 
lous, seeing that for any injury done to the United States or their 
citizens in Cnba we have no direct means of redress there, and can 
obtain it only by slow and circuitous action by way of Madrid. The 
captain-general of Cuba has, in effect, by the laws of Spain, suiu-cnu' 
and absolute authority there for all purposes of wrong to our <iii- 
zens; but this government has no adequate means of deiiiMiuling 
immediate reparation of such wrongs on the spot, except through a 



80 INTERVENTION. [§ 907. 

consul, who does not possess diplomatic character, and to whose 
representations, therefore, the captain-general may, if he choose, 
absolutely refuse to listen. And, <^rievous as this inconvenience is 
to the United States in ordinary times, it is more intolerable now, 
seeing that, as abundantly appears, the contest in Cuba is between 
peninsular Spaniards on the one hand and native-born S])anish- 
Americans on the other; the former being the real representatives 
of S])anish force in Cuba, and exerting that force wdien they choose, 
with little, if any, respect for the metropolitan power of Spain. The 
captain-general is efficient to injure, but not to redress, and if dis- 
posed to redress, he nuiy be hampered, if not prevented, by resolute 
opposition on the part of the Spaniards around him, disobedient 
alike to him and to the supreme government. 

" In fine, Cuba, like the former continental colonies of Spain in 
America, ought to belong to the great family of American republics, 
with political forms and public policy of their own, and attached to 
Kurope by no ties save those of international amity, and of intellec- 
tual, commercial, and social intercourse. The desire of independence 
on the part of the Cubans is a natural and legitimate aspiration of 
theirs, becaiise they are Americans. And while such independence 
is the manifest exigency of the political interests of the Cubans them- 
selves, it is equally so that of the rest of America, including the 
United States. 

'• That the ultinuite issue of events in Cuba will be its independ- 
ence, however that issue may he produced, whether by means of 
negotiation, or as the result of military operations or of one of 
those unexj)ecte(l incidents which so frecpiently determine the fate of 
nations, it is impossible to doubt. If there be one lesson in history 
more cogent in its teachings than any other, it is that no part of 
America large enough to constitute a self-sustaining state can be 
permanently held in forced colonial subjection to Europe. Com- 
])lete separation between the metropolis and its colony may be post- 
j)oned by the former conceding to the latter a greater or less degree 
of local autonomy, nearly approaching to independence. But in all 
<'ases where a positive antagonism has come to exist between the 
mother coinitrv and its colonial subjects, where the stMise of oppres- 
sion is strongly felt by the latter, and especially where years of 
relentless warfar<' have alienated the parties, one from another, more 
widely than they are sundered by the ocean itself, their political 
separation is inevitable. It is one of those conclusions which have 
l)een aptly called the inexorable logic of events. 

" Entertaining these views, the President at an early day tendered 
to the Spanish government the good offices of the United States fot 
the purpose of effecting, by negotiation, the peaceful separation of 
Cuba from Spain, and thus putting a stop to the further effusion of 



§ 907.] CUBA. 81 

blood in the island, and relieving both Cuba and Spain from the 
calamities and charges of a protracted civil war, and of delivering 
the United States from the constant hazard of inconvenient compli- 
cations on the side either of Spain or of Cuba. But the well- 
intended proffers of the United States on that occasion were unwisely 
rejected by Spain, and, as it was then already foreseen, the struggle 
has continued in Cuba, with incidents of desperate tenacity on the 
part of the Cubans, and of angry fierceness on the part of the Span- 
iards, unparalleled in the annals of modern warfare. 

" True it is that now, when the war has raged for more than five 
years, there is no material change in the military situation. The 
Cubans continue to occupy, unsubdued, the eastern and central ])arts 
of the island, with exception of the larger cities or towns, and of 
fortified points held by the government, but their capacity of resist- 
ance appears to be undiminished, and with no abatement of their 
resolution to persevere to the end in repelling the domination of 
Spain. 

" Meanwhile this condition of things grows, day by day, more and 
more insupportable to the United States. The government is com- 
pelled to exert constantly the utmost vigilance to prevent infringe- 
ment of our law on the part of Cubans purchasing munitions or 
materials of war, or laboring to fit out military expeditions in our 
ports; we are constrained to maintain a large naval force to prevent 
violations of our sovereignty, either by the Cubans or the Spaniards; 
our people are horrified and agitated by the spectacle, at our very 
doors, of war, not only with all its ordinary attendants of devasta- 
tion and carnage, but with accompaniments of barbarous shooting of 
prisoners of war, or their summary execution by military commis- 
sions, to the scandal and disgrace of the age ; we are under the neces- 
sity of interposing continually for the protection of our citizens 
against wrongful acts of the local authorities of Spain in Cuba : and 
the public peace is every moment subject to be interrupted by some 
unforeseen event, like that which recently occurred, to drive us at 
once to the brink of war with Spain. Tn short, the state of Cuba is 
the one great cause of perpetual solicitude in the foreign relations of 
the United States. 

" AMiile the attention of this government is fixed on Cuba, in the 
interest of humanity, by the horrors of civil war prevailing there, we 
can not forbear to reflect, as well in the interest of humanity as in 
other relations, that the existence of slave labor in Cuba, and its 
influence over the feelings and interests of the peninsular Sj^aninrds. 
lie at the foundation of all the calamities which now afflict the island. 
Except in Brazil and in Cuba, servitude has almost disappeared from 
the world. Xot in the Spanish- American republics alone, nor m the, 
H. Doc. 551 — vol — '— 6 



82 INTERVENTTON. [§ 907. 

British possessions, nor in tlic Tnitcd Stales, nor in Russia, not in 
those countries alone, but even in Asia, and in Africa herself, the 
bonds of the slave have l)<>en struck off, and personal freedom is the 
all but universal rule and i)ublic law, at least to the nations of 
Christendom. It can not lon«j: continue in Cuba, environed as that 
island is by connnunities of emancipated slaves in the other West 
India Islands and in the Ignited States. 

" AVhether it shall be jiut an end to by the voluntary act of the 
Spanish <rovernment, by domestic violence, or by the success of the 
revolution of Vara, or by what other possible means, is one of the 
grave i)rol)lems of the situation, of hardly less interest to the United 
States than the independence of Cuba. 

" The President has not been without hope that all these questions 
might be settled by the spontaneous act of Spain herself, she being 
more deei)ly interested in that settlement than all the rest of the 
world. It seemed for awhile that such a solution was at hand, during 
the time when the govermnent of Spain was administered by one of 
the greatest and wisest of the statesmen of that country, or indeed of 
P^urope. President Castelar. Before attaining power he had an- 
nounced a line of policy apj)licable to Cul)a, which, though falling 
short of the concession of absolute independence, yet was of a nature 
to command the approbation of the United States. 

" ' Ijet us,' he declared, on a memorable occasion, ' let us reduce to 
formulas our policy in America. 

"' First, the hnmcduite ahoIHion of slavci'y. 

" ' Secondly, autonomy of the islands of Puerto Rico and Cuba, which 
shall have a parliamentary assembly of their own, their own adminis- 
tration, their own government, and a federal tie to unite them with 
Spain, as Canada is united with England, in order that we may found 
the lil^erty of those states and at the same time conserve the national 
integrit}'. I desire that the islands of Cuba and Puerto Rico shall 
be our sisters, and I do not desire that they shall l)e trans- Atlantic 
Polands.' 

'■ I repeat, that to such a line of policy as this, especially as it relates 
to Cuba, the United States would make no objection ; nay, they could 
accord to it hearty co-operation and support, as the next best thing to 
the absolute indejiendence of Cuba. 

" Of course, the United States would prefer to see all that remains 
of colonial America pass from that condition to the condition of 
absolute independence of P^urope, 

" But we might well accept such a solution of present questions as, 
while terminating the cruel war which now desolates the island and 
disturbs our i)olitical intercourse, shouhl primarily and at the outset 
abolish the iniquitous institution of slavery, and, in the second place, 
should place Cuba practically in the possession of herself by means 



§ 907.] CUBA. S3 

of political institutions of self-^ovornnient, and enable lior, while 
nominally subject to Spain, yet to cease to be the victim of Spanish 
colonial interests, and to be capable of direct and immediate relations 
of interests and intercourse with the other states of America. . . . 

" In these circumstances, the question Avhat decision the United 
States shall take is a serious and difficult one, not to be determined 
without careful consideration of its complex eleuients of domestic and 
foreign policy, but the determination of Avhich may at any moment be 
forced ujx)!! us by occurrences either in Spain or in Cuba. 

" Withal the President can not but regard uidi'pciuh'nce^ and eman- 
cipation, of course, as the only certain, and even the necessary, solu- 
tion of the question of Cuba. And, in his mind, all incidental ques- 
tions are quite subordinate to those, the larger objects of the United 
States in this respect. 

" It requires to be borne in mind that, in so far as we may con- 
tribute to the solution of these (juestions, this government is not 
actuated by any selfish or interested motive. The President does not 
meditate or desire the annexation of Cuba to the TTnited vStates, but 
its elevation into an independent republic of freemen, in harmony 
with ourselves and with the other republics of America. 

"You will understand, therefore, that the policy of the United 
States in reference to Cuba at the present time is one of expectancy, 
but with positive and fixed convictions as to the duty of the United 
States when the time or emergency of action shall arrive. When it 
shall arrive you will receive specific instructions what to do. Mean- 
time, instructed as you now are as to the intinuite purposes of the 
government, you are to act in conformity therewith in the absence of 
any specific instructions, and to comport yourself accordingly in all 
yaur communications and intercourse, official or unofficial, with per- 
sons or public men in Spain. 

" In conclusion, it remains to be said that, in accordance with the 
established policy of the United States in such cases, as exemplified 
in the many changes of government in France during the last eighty 
years, and in the Mexican Republic since the time of its first recogni- 
tion by us, and in other cases which have occurred in Europe and 
America, you will present your credentials to the persons or authori- 
( ies whom you may find in the actual exercise of the executive power 
of Spain. 

" The President has not, as yet, received any official notice of the 
termination of the authority of President Castelar and the accession 
of President Serrano, and, of course, we have no precise information 
as to the intention or views of the new executive of the Spanish 
Republic. 

" While we can not expect from him any more hearty friendship for 
the United States than his predecessor entertained, it is to be hoped 



84 INTERVENTION. [§ 907. 

that he may not bo moved by any unfriendly sentiments toward us. 
If. however, such should, unhappily, prove to be the case, it would be 
all the more necessary that you should be vigilantly watchful to detect 
and report any sijrns of possible action in Spain to the prejudice of 
the United States." 

Mr. Fisli, See. of State, to Mr. Cushing. luin. to Spain, No. 2, Feb. 0, 1874, 
For. Itel. 1S74, 8.7.). 

In a separate instruction, bearing: the same date as the foregoing, Mr. 
Fisli (lisc-ussed tlie subject of the embargoed estates of American 
citizens under the decree of April 20, 18(59. These estates, said Mr. 
Fish, had been seized l).v ari)itrary executive act, witliout judicial 
hearing or judgment, and in manifest violation of the i)rovisions of 
the treaty of 1795. Pronuses had from time to time been uiade to 
release some of the estates, but they remained unfidfiUed. No relief 
in such cases could be obtained by the action of the mixed commis- 
sion sitting at Washington, and the government of the Fnited States 
had continually insisted that the property itself should be restored 
to the owners by the same executive authority which made the 
seizure, leaving only the (luestion of resulting damages to the con- 
sideration of the connnission. On .July 12. 187.'i, the late government 
of Spain, on the reconnnendation of the minister of the colonies; had 
dechired the embargoes to be removed, Iiad oi'dered the property to be 
delivered iip to its owners, and liad apiHjinted a connnission to hear 
and decide summarily on the applications of interested parties. Rut 
for a long time no regard was paid to the decree in Cuba. It was not 
oflicially ])ublished there, and the local authorities even proceeded to 
advertise for sale emb.-irgoed property belonging to American citizens. 
These things 1(m1 to fiu'ther remonstrances by the Fnited States. At 
length. c<inteniporaneously with tlie official visit of Senor Soler y IMa, 
minister of ultramar, to rul»a, partial execution was given to the 
decre<' of .Inly 12. 187.''.. but it was afterwards learned that the 
delivery of some of the estates covered by the decree was obstructed! 
on the allegation that the estates were subject to leases to third 
I>arties for a series of years, although some of the leases were xnider- 
stood to have been given by some pretended authority subsequently 
to the act of (Mnbargo. Moreover, in some of the cjises the authori- 
ties cl.iimed that the property was under judicial embargo and finally 
confiscated. Mr. Cushing was instructed to say that the President 
expectnl the estates of American citizens seized in Cuba in violation 
of th<» i)rovisions of the treaty of 179.~>, whether by embargo or by 
confiscation, restored to them without further delay and without any 
incuml>rance imposed by S]»anish authority in Cuba. (Mr. Fish, 
Se<-. of State, to Mr. Cushing. min. to Spain, No. 3, Feb. G, 1874, I'"'or. 
Rel. 1874. SC,.",.) 

On April '24. 1874, ^fr. Fish transmitted to .some of the American 
Miinislers. for their confidential information, copies 

Case of the ,,f further c()rresnonden<*e between the Department of 
" Virginms. ... . 

State and the Spanish minister at Washinn^ton, re- 
specting the case of the Virf/hihts and the course of the United States 
toward the insurrection in Cuba. 



§ 907.] CUBA. 85 

Mr. Fish, Sec. of State, to Mr. Jay, min. to Austria, No. 402 (confid.), 

April 24, 1874, MS. Inst. Au.stria, II. 227. 
The instruction enclosed {he following notes : Admiral Polo, Span, min., 

to Mr. Fish, Dec. 30, 187.3; Mr. Fish to Admiral Polo, Jan. 9, 1874; 

Admiral Polo to Mr. Fish, Feb. 2, 1874; Mr. Fish to Admiral Polo, 

April 18, 1874. 
As to the case of the Virginhis, see message of President Grant to Con- 
gress, Jan. 5, 1874, II. Ex. Doc. 30. 43 Cong. 1 sess. ; message of 

President Grant to Senate, March 15. 187."i, S. Ex. B. special sess. 

The injunction of secrecy was removed from the latter me.ssage and 

correspondence. 
As to instructions to American naval commanders in Cuban waters, see 

message of President Grant to the Senate, Feb. 13, 1872, S. Ex. Doc. 

32, 42 Cong. 2 sess. 

" The deplorable strife in Cuba continues without any marked 
change in the relative advantages of the contending forces. The in- 
surrection continues, but Spain has gained no superiority. Six years 
of strife give to the insurrection a significance which can not be 
denied. Its duration and the tenacity of its adherence, together with 
the absence of manifested power of suppression on the part of Spain, 
can not be controverted, and may make some positive steps on the 
part of other powers a matter of self-necessity. I had confidently 
hoped, at this time, to be able to announce the arrangement of some of 
the important questions between this government and that of Spain, 
but the negotiations have been protracted. The unhapjn' intestine 
dissensions of Spain command our profound sympathy, and must be 
accepted as perhaps a cause of some delay. An early settlement, in 
part at least, of the questions between the government is hoped. In 
the meantime, awaiting the results of innnediately pending negotia- 
tions. I defer a further and fuller communication on the subject of 
the relations of this country and Spain."' 

President Grant, annual message, Dec. 7, 1S74. I'or. Kel. 1S74, ix. 

It seems that a si>uri()us text of this message was f:il>ricated. upon the 
strength of which Si)ain made overtures to European governments 
looking to some joint action of the European powers in Iier favor. 
The correct text of the message was calded to Mr. Cusliiiig at Madrid 
on December l."», 1874. (Mr. Fisli. See. of State, to Mr. Cushing. 
min. to Spain, tel.. Dec. 1.", 1874, MS. Inst. Si»ain. XVII. 148; Mr. 
Fish, Sec. of State, to Mr. Davis, min. to (;ermany. No. .".o. Jan. 21, 
187"), MS. Inst. Germany. XVI. 12. aclaiowledging tlie receipt of .Mr. 
Davis's No. .">. confidential, narrating the sul)stance of an interview 
with Mr. Von Buelow in reference to Cul)a and Spanish affairs.) 

On January 21, 1870, President Grant sent to the House of Eepre- 

sentatives, in response to a resolution of the ITth 

Instruction No. 266, ^f that month, a report from the Secretary of State. 

Nov. 5, 1875. ^^.^j^ accompanying correspondence with Spain in 
relation to Cuba. 



86 iNtERVENTiON. [^ {^07. 

First and most important among the documents transmitted was 
an instruction from Mr. Fish to Mr. Ciushing, No. 206, of November 
5, 1875. This instruction referred to the questions pendinj^ between 
the two countries, the most })rominent of which were those arising 
from the embargo and confiscation of estates of American citizens 
in Cuba, those relating to the trial of American citizens in that island 
in violation of treaty obligations, and the claims arising out of the 
capture of the V'u'</hiii(.s, including the trial and punishment of 
General Burriel. On all these subjects, said Mr. Fish, Mr. Gushing 
was instructed when he went to Madrid, and since that time more 
than eighteen months had elapsed. With regard to the embargo 
estates, no effectual result had been accomplished. The general 
question had l)een pending for more than six years. The kindred 
question as to the trial of American citizens in Cuba by court-mai'tial, 
and their arrest and punishment without trial, in violation of the 
provisions of the treaty of 1795, was in substantially the same posi- 
tion. This simple narration of facts as to these two questions, the 
promises made and repeated, the assurances given from time to time 
that something should be done, the admission of the demands of jus- 
tice at least to the extent of expressing regret for wrongs and pronus- 
ing redress, followed by absolutely no perfonnance and no practical 
steps towards performance, needed, said Mr. Fish, no extended com- 
ment. As to the VIrgl/ili/s, he observed that the particulars of the 
delivery of the vessel to the United States and the payment of indem- 
nities both to that government apd to Great Britain had passed into 
history. But the higher and more imperative duty, which the Gov- 
ernment of Spain assumed l)y the protocol of November *2i), 1873, to 
bring to justice General Burriel and the other principal offenders ifi 
the tragedy, had been evaded and entirely neglected. 

Having touched ui)on these particular questions, Mr. Fish referred 
to the general condition of affairs in Cuba as affecting the relations 
between the Ignited States and Sj)ain. Tt was nu)re than five years, 
he said, since an oi'ganized insurrection had broken out, which the 
government of Sj)iiin had been entirely unable to sn|)press. Contin- 
uing, he said : 

'•At that time the firm conviction of the President was announced 
that whatever might be the vicissitudes of the struggle, and whatever 
eHorts might be put forth by the Spanish power in Cuba, no doubt 
could be entertained that the final issue of the conflict would be to 
break the bonds which attached Cuba as a colony to Spain. 

'• While remembering and oi)serving the duties which this govern- 
ment, as oiu' of the family of nations, owes to another member, by 
public law, treaties or the particidar statutes of the United States, it 
would be idle to attempt to conceal the interest and sympathy with 
which Americans in the United States regard any attempt of a 



§ 907.] CUBA. 87 

numerous people on this continent to be relieved of ties Avliich hold 
them in the position of colonial subjection to ii distant power, and to 
assume the independence and right of self-control which natural 
rights and the spirit of the age accord to them. 

'' When, moreover, this struggle, in progress on our very borders, 
from its commencement has involved the property and interests of 
citizens of the United States; has disturlxnl our tranquillity and 
commerce; has called upon us not infrequently to witness barbarous 
violations of the rules of civilized Avarfare, and compelled us for the 
sake of humanity to raise our voice by way of protest, and wheu more 
than all we see in the contest the final struggle in this hemisphere be- 
tween slavery and freedom, it would be strange indeed if the Govern- 
ment and peoi:)le of this country failed at any time to take peculiar 
interest in the determination of such contest. 

" In this early instruction was expressed the sincere and unselfish 
hope of the President that the government of Spain would seek some 
honorable and satisfactory adjustuient, based upon emancipation and 
self-government, which would restore peace and afford a prospect of 
a return of i)rosperity to Cul)a. 

"Almost two years have passed since those instructions were issued 
and those strong hopes expressed, and it would appear that the situa- 
tion has in no respect improved. 

"The horrors of war have in no perceptible measure abated; the 
inconvenience and injuries which Ave then suH'ered have remained, 
and others have been added: the ravages of war have touched new 
parts of the island and well-nigh ruined its financial and agricuhural 
system and its relations to the connnerce of the world. No effective 
steps have been taken to estal)lish reforms or remedy abuses, and the 
effort to suppress the insurrection, by force alone, has been a com- 
plete failure. 

" In the meantime the material interests of trade and of comnierre 
are impaired to a degree which calls for remonstrance, if not for an- 
other line of conduct, on the part of all commercial nations. 

" Whether it l)e from the severity and inhumanity with which the 
effort has been made to supi)ress the insurrection and from a sui)i)ose(l 
justification of retaliation for violations of the rules of civilized war- 
fare by other violations and by acts of barbarism, of incendiarism 
and outrage, the world is witnessing on the part of the insurgents. 
whom Spain still claims as sul)jects, and for whose acts, if subjects, 
Spain must l)e held accountable in the judgment of the world, a war- 
fare, not of the legitimate strife of i-elative force and strength, but of 
pillage and incendiarism, the l)urning of estates and of sugar mill-. 
the destruction of the means of production and of the wealth of the 
island. 



88 INTERVENTION. [§ 907. 

"The United States purchases more hirgely than any other people 
of the productions of the ishuid of Cuba and therefore, more than 
any other for this reason, and still more by reason of its immediate 
neighborhood, is interested in the arrest of a system of wanton de- 
struction which disgraces the age and affects every commercial people 
on the face of the globe. 

" Under these circumstances, and in view of the fact that Spain 
has rejected all suggestions of reform or offers of mediation made 
by this government, and has refused all measures looking to a recon- 
ciliation, except on terms which make reconciliation an impossibility, 
the dilHculty of the situation becomes increased. 

•' When, however, in addition to these general causes of difficidty, 
we find the Spanish government neglectful also of the obligations of 
treaties and solemn compacts, and unwilling to afford any redress for 
long-continued and well-founded wrongs suffered by our citizens, it 
becomes a serious question how long such a condition of things can 
or should be allowed to exist, and compels us to enquire whether the 
point has not been reached where longer endurance ceases to be 
possible. 

•' During all this time, and under these aggravated circumstances, 
this government has not failed to perform her obligations to Spain 
as scrupulously as toward other nations. 

" In fact, it might be said that we have not only been long suffer- 
ing because of the embarrassments surrounding the Spanish govern- 
ment, but particularly careful to give no occasion for complaint for 
the same reason. 

" I regret to say that the authorities of Spain have not at all times 
aj)preciated our intentions or our purposes in these respects, ancT 
while insisting that a state of war does not exist in Cuba, and that 
no rights as belligerents should be accorded to the insurrectionists, 
have at the same time demanded for themselves all the rights and 
privileges which flow from actual and acknowledged war. 

'• It will be apparent that such a state of things can not continue. 
It is ai)S()lutely necessary to the maintenance of our relatioTis with 
S))ain. even on their present footing, that our just demands for the 
return to citizens of the United States of their estates in Cuba, unin- 
cumbered, and for securing to them a trial for offenses according to 
treaty j)r()visi()ns. and all other rights guaranteed b}' tieaty and by 
public law. should be complied with. 

'' Whether the Spanish government, appreciating the forebear- 
ance of this country, will speedily and satisfactorily adjust the 
pending questions — not by the issue of empty orders or decrees with- 
out force or effect in Cuba, but by comprehensive and firm measures 
which shall everywhere be respected — I anxiously await further in- 
telligence. 



§ 907-1 CUBA. 89 

" Moreover, apart from these particular questions, in the opinion 
of the President, the time has arrived when the interests of this 
country, the preservation of its commerce and the instincts of hu- 
manity alike demand that some speedy and satisfactory ending be 
made of the strife that is devastating Cuba. 

"A disastrous conflict of more than seven years' duration has 
demonstrated the inability of Spain to maintain peace and order in 
an island lying at our door. Desolation and destruction of life and 
property have been the only results of this conflict. 

'' The United States sympathize in the fact that this inability 
results in a large degree from the unhappy condition of Spain at 
home, and to some extent from the distractions which are dividing 
her people. But the fact remains. Added to this are the large ex- 
panse of ocean separating the peninsula from the island, and the 
want of harmony and of personal sympathy between the inhabitants 
of the territory of the home government and those of the colony — 
the distinction of classes in the latter, between rulers and subjects — 
the want of adaptation of the ancient colonial system of Spain to the 
present times, and to the ideas which the events of the past age have 
impressed upon the peoples of every reading and thinking country. 

" Great Britain, wisely, has relaxed the old system of colonial de- 
pendence, and is reaping the benefits in the contentedness and peace- 
ful prosecution of the arts of peace, and in the channels of commerce 
and of industry, in colonies which under restraint might have ques- 
tioned and resisted the power of control from a distant government, 
and might have exhibited, as does Cuba, a chronic condition of insur- 
rection, turbulence, and rebellion, 

" In addition to all this, it can not be questioned, that the continued 
maintenance, in the face of decrees and enactments to the contrary, 
of a compulsory system of slave labor, is a cause of disquiet and of 
excitement to a large class in the island, as also in the United States, 
which the government of Spain has led us, by very distinct assur- 
ances, to expect shoidd be removed, and which the enlighteiuMl Chris- 
tianity of the age condemns. 

" The contest and disorder in Cuba affect the United States directly 
and injuriously by the presence in this comitry of partisans of the 
revolt who have fled hither (in consequence of the proximity of ter- 
ritory) as to a political asylum, and who, by their plottings. are dis- 
turbers of the public peace. 

" The United States has exerted itself to the utmost, for seven years, 
to repress unlawful acts, on the part of these self-exiled subjects of 
Spain, relying on the promise of Spain to pacify the island. Seven 
years of strain on the powers of this government to fulfill all liiat 
the most exacting demands of one government can make, iindfr any 
doctrine or claim of international obligation, upon another, have not 



90 INTERVENTION. [§ 907. 

witnossotl the luuch hoped for pacification. The United States feels 
itself entitled to he relieved of this strain. 

"The severe measures, injurious to the United States and often in 
conflict with ])ul)lic law. which the colonial officers have taken to 
subdue the insurrection- — the indifference, and ofttinies the offensive 
assaults upon the just susceptibilities of the people of the United 
States and their nrovcrnnient which have characterized that portion 
of the jxMiinsular population of Havana which has sustained and up- 
held, if it has not controlled, successive governors-general, and which 
have led to the disregard of orders and decrees which the more en- 
larged wisdom and the more friendly councils of the home govern- 
ment had enacted, the cruelty and inhumanity which have character- 
ized the contest, both on the part of the colonial government and of 
the revolt, for seven years — and the destruction of valuable properties 
and industries by arson and pillage, which Spain apjxMirs unable, 
however desirous to prevent and stop, in an island three thousand 
miles distant from her shores but lying within sight of our coast, 
with which trade and constant intercourse are unavoidable, are 
causes of annoyance and of injury to the Ignited States which a 
people can not be exj)ected to tolerate without the assured prospect 
of their termination. 

" The Ignited States has more than once been solicited by the insur- 
gents to extend to them its aid. but has for years hith(>rto resisted 
such solicitation, and has endeavored ])v the tender of their good 
offices in the way of mediation, advice and remonstrance, to i)ring to 
an end a great evil, which has pressed soivly upon the interests both 
of the govci'ument and of the ])eoi)le of the United States, as also 
upon the connnercial interests of other nations. 

"A sincere friendshij)f()r Spain, and for her people, whether ])en- 
insular or insular, and an e<|ually sincere reluctance to adopt any 
measures which might injure or humble this ancient ally of the United 
States, has characterized the conduct of this govermnent in every step 
during thes<' sad and distressing years, and the l*resi(lent is still ani- 
uiattMl l)y the same feelings, and desires above all things to aid her 
and her pe()])l(» to entei* once more upon the jiath of safety and rej)ose. 

•• It will b<' remembei-ed that the I'resident, in the year ISiii). ten- 
der<'d the good oflices of the United States for the |)urp()se of bi'ing- 
iiig t(t a close tile civil war in Cuba. This offer was made delicately, 
in good faith and in friendshij). to l)oth parties to the contest. 

^ (leneral l*rim, as the representative of the Spanish government, 
while ivcognizing the good faith and frien<lship with which this 
offer was made, replied: ' W\' can better i)roceed in the pi'esent situa- 
tion of things without even this fi-iendly intervention. A time will 
come when the good offices of the T'nited States will be not only use- 
ful. l)ut indispensable, in the final arrangements between Spain and 



i 907.] CUBA. 91 

Cuba. We Avill ascertain the form in wliicli they can he eniph)ved 
and confidently count upon your assistance.' 

" The United States replied that its <rood offices for that object 
would.be at any time at the service of the parties to the conflict. 
This government has ever since been ready thus to aid in restoring 
peace and quiet. 

" The government of the Ignited States has lieretofore given 
expression to no policy in reference to the insurrection in Cuba, 
because it has honestly and sincei-ely hoped that no declaration of 
policy on its part Avould be required. 

" The President feels that longer reticence Avould be inconsistent 
with the interests of both governments. 

'' Our relations with Si)ain are in that critical position that another 
seizure similar to that of the ' Virginius; ' other executions of citi- 
zens of the United States in Cuba; other wrongs of a less objection- 
able chai'acter even than many which have been ab'eady suffered by 
our citizens with simple remonstrance, or possibly even some new 
act of exceptional severity in Cuba, may suddenly ])r()duce a feeling 
and excitement which might force events which this (iovernment 
anxiously desires to avoid. 

'■• The President hopes that Spain may spontaneously adopt meas- 
ures looking to a reconciliation, and to the sjK'edy restoration of peace 
and the organization of a stable and satisfactory system of govern- 
ment in the island of C^iba. 

•' Tn the absence of any prospect of a termination of the war, or 
of any change in the manner in which it has been conducted on either 
side, he feels that the time is at hand when it may be the duty of 
other governments to intei'vene. solely with the view of bringing to 
an end a disastrous and destructive conflict and of I'estoring peace 
in the island of Cuba. Xo government is more (leei)ly interest<'d in 
tile order and peaceful administration of this island than is that of 
the United States, and none has sutfered as lias the United States 
from the condition which has obtained there during the past six or 
seven years. He will therefore feel it his duty at an early day to 
submit the subject in this light, and acc()ni[)anied by an exi)ressi()n 
of the views above i)resented, for tlie consideration of Congivss. 

'' This conclusion is reached with reluctance and regret. 

" It is reached after every other expedient has been attempted and 
proved a failure, and in the firm conviction that the period has at 
last arrived when no other course remains for this government. 

" It is believed to l)e a just and friendly act to frankly communi- 
cate this conclusion to the Si)anish government. 

"• You will therefore take an early occasion thus to infoi-in that 
"•overnment. 



92 INTERVENTION. [§ 907. 

" In making the communication it is the earnest desire of the Presi- 
dent to impress upon the authorities of Spain the continued friendly 
disposition of this government, and that it has no ulterior or selfish 
objects in view, and no desire to become a party in the conflict, but 
is moved solely 1)V the imj)erative necessities of a proper regard to 
its own protection and its own interests and the interests of humanity, 
and. as we firmly believe, in the ultimate interest of Spain itself. 

" In informing the Spanish government of these conclusions pur- 
suant liereto. you are authorized to read this instruction to the min- 
ister of state, or to state the substance and purport thereof, as you 
may deem most advisabk\ 

" You will, of course, keep me advised, by telegi'aph and by post, 
of your j)roceedings pursuant to this instruction." 

Mr. Fish. Sec. of State, to Mr. Cushiiif:. min. to Si)ain. No. 266, Nov. 5, 
1875. II. Kx. Doe. (K), 44 Cong. 1 sess. .'? ; S. Doe. 213. 54 Coug. 
1 ses.s. 2. 

This iiistruetion is recorded in MS. Circulars. II. 109. 

In an instruction to Mr. Gushing, November 5, 1875, Mr. Fish 
stated that a copy of the foregoing instruction, No. 

Consultations with ^>,;,-, |j.j,| i„.^,,j ^^^^^ confidentially to General Schenck, 
European powers. . . ' . . 

Ajiierican minister at London. Avith instructions to 

read it to Lord Derby, and to suggest that it Avould be agreeable to the 

United States and tend to the adjustment of the question of tiie 

pacification of Cuba, if not to the ])reservation of general peace, if the 

British government would support by its influence the position 

assumed by the Ignited States. 

Mr. Cushing was directed to postpone action in communicating the 
conclusions of the Ignited States to Sj)ain till (leneral Schenck shouldv 
iiave communicated the views of the British government by tele- 
graph to the Department of State and telegraphic instructions could 
he sent based thereon. 

Mr. Fish also stated that a coj)y of instruction No. 200 would 
shortly be sent to all the (li|)loniatic re|)resentatives of the United 
States in confidence, for theii- information, and that the ministers to 
the ])rincipal Furoj)ean co\nts would be instructed to communicate 
its j)Ui"i)ort to the government to which they were respectively 
accredited. 

.Mr. I'isli. Sec. of State, to .Mr. CushinK. niiii. to Spain. No. 2(57. Nov. 5, 
1M7.". S. Doc. 2i:',. ."4 Con}.'. 1 sess. 

\ co|iy <»f tlie foregolnK instruction. No. 267, to Gen. Schenck was puh- 
]ishe<l with President (Jrant's niessaye to tlie House of Representa- 
tives of .lanuary 21, 1S7«». but the last paragraph, saying tliat a copy 
of instruction No. 2r)<; would be sent to other ministers and that the 
American ministers to the jtrincipal Kurojiean courts would be in- 
.structe<l to conmiunicate its pnriKjrt t«) the governuieuts to which 



§ 907.] CUBA. 93 

they were respectively accreditetl, was omitted. (H, Ex, Doc. 90, 44 
Cong. 1 sess. 12.) 
For the instructions to General Schenck, see Mr. Fish, Sec., of State, to 
General Schenclc, niin. to England, No. S()r» (confld.), Nov. 5, 1875. MS. 
Inst. Great Britain. XXIV. 135; and. for extract. S. Rept. 885. 55 
Cong. 2 sess. 152, containing a reprint of S. Doc. 213, 54 Cong. 1 sess. 

November 15, 1875, a circular instruction, enclosing a copy of in- 
struction to Mr. Gushing, Xo. 2(JG, was sent to the ministers of the 
United States at Paris, Berlin, St. Petersburg, Vienna,- and Rome. 
Each of the ministers was directed to read Xo. 2(j0, or to state orally 
the substance thereof, to the minister of foreign affairs confidentially, 
but not to give him a copy, and to assure him of the sincere and 
earnest desire of the President for a termination of the disastrous 
conflict in Cuba by the spontaneous action of Spain or by the agree- 
ment of the parties thereto, and further to state that the President 
was of opinion that, if the government to which the minister was 
accredited should find it consistent with its views, to urge upon 
Spain the imiwrtance and necessity of either terminating the con- 
test or abandoning it, the friendly expression of such views to Spain 
might lead her to a dispassionate consideration of the hopelessness 
of the contest and tend to the earlier restoration of the peace and 
prosperity of Cuba, if not to the preservation of the i)eace of the 
world. A postscript stated, however, that, since the circular was 
prepared, a telegram had been received from Mr. Cushing which 
rendered it inadvisable that instruction Xo. 206 should be com- 
municated to the governments in question till further directions 
should be sent by telegi'aph. 

H. Ex. Doc. 90, 44 Cong. 1 sess. 13. 

The circular is recorded in MS. Circulars, II. 107. 

See, also, Mr. Fish, Sec. of State, to Mr. Moran, Nos. 21 and 22. Nov. 15, 
1875, MS. Inst. Portugal. XV. 115. 

The telegram from Mr. Cushing, referred to hy Mr. Fish, stated that a 
note from the Spanish government, eminently amicahlo in spirit, 
had been received; that it conceded everything in effect or sub- 
stance, and that it gave repeated assurances of the trial of (Jeneral 
Burriel. (11. Ex. Doc. 90, 44 Cong. 1 sess. 14.) 

Nov. 15. 1875, Mr. Fish sent out a circular to the diplomatic ofHcers of 
the United States, inclosing a copy of his No. 205 to Mr. Cushing. of 
Nov. 5, 1875, in relation to the proceedings against Gen. Burriel and 
the authorities at Santiago in the matter of the Virniniiix. This 
instruction was comnuuiicated to them confidentially for their infor- 
mation. (MS. Inst. Argentine Republic, XVI. 93; MS. Circulars, 
II. 98.) 

""Read inclosure to 805 as soon as opportunity will admit. You 
will explain that intervention is not contemplated as an iinnicdiate 
resort, but as a contingent necessity in case the contest be prox'-uted, 
and satisfactory adjustment of existing griefs be not rca< lied, and 



94 INTERVENTION. [§ 907. 

that we sincerely desire to avoid any rupture, and are anxious to 
maintain peace and establish our relations Avith Spain on a per- 
manent hasis of friendship. I now state further, for your own in- 
formation, and for your guidance in your interview with minister, 
that messai^e will discountenance re<'o<T:nition of belligerency or in- 
dependence: will allude to intervention as a possible necessity, but 
will not advise its ])resent adoption. Cushing is instructed to com- 
municate to minister without waiting result of your interview, but 
you will coniiuunicate with him in cipher after your interview.'' 

Mr. Kisli, Sec. of State, to <;«'n. Sclicnck. tel., Nov. 2~, 187.J. II. Ex. Doe. 
fK», 44 Coiitf. 1 st'ss. It;. 

To the tolcfiniiii. as thus puljlished. there was added in the orifrinal the 
followiiijr sentence: "Take precaution that the purport of instrui-- 
tion or of information ahove he not jiiven throujih minister to press or 
puhlic." (MS. Inst. (Jreat Britain. XXIV. 145.) 

In sa.vinjr " Head inclosure to SO.")." Mr. Fish referred to his No. 2(!(i to 
Mr. ("usidnj:, wliich formed an inclosure with Mr. Fish's contiden- 
tial instruction to (Jen. Schenck. Xo. SO."), of Nov. .">, 1S7"). 

Xovenil)er 27. 1S7.'. Mr. Fish caitled Mr. Cushinfj that he miKJit a'lw a 
copy of instruction Xo. 'J(>C» to the Spanish minister of state. A 
copy was delivered hy Mr. Cushing to the minister on the ;5Uth of 
Xovemher. (II. Ex. Doe. !K». 44 Cong. 1 sess. l."»-lt).) 

Se« .Mr. Cushing to Mr. Fish, Xo. 092, Xov. 30, 1875, S. Ex. Doc. 213, 54 
( 'ong. 1 sess. 1."». 

" The past year has furnished no evidence of an approaching ter- 
mination of the ruinous conflict which has been raging for seven years 
in the neighboring island of Cuba. The same disregard of the laws 
of civili/ed wai'fare and of the just demands of luunanity which has 
heretofore called foi-th expressions of condenniation from the nations 
of Christendom has contiinied to blacken the sad scene. Desolation, 
rnin, and i)illage ai-e pervading the rich fields of one of the most fer- 
tile and |)roductive regions of the earth, and the incendiaries' torch, 
firing i)lantations and \ahiable factories and buildings, is the agent 
marking the alternate advance or retreat of contending parties. 

"The |)rotracte(l continuance of this strife seriously affects the in- 
terests of all conuiiei-cial nations, but those of the Fnited States more 
than otheis, by reason of close proximity, its larger trade and inter- 
cotiise with Cuba, aiul the frefpient and intimate personal and social 
relations which have grown up In'tween its citizens and those of the 
island. Mctreoxcr. ilic |)ro|)erty of onr citizens in Cuba is large, and is 
rendei'e<l iiisecni-e an<l depi'eciated in value and in capacity of produc- 
tion I>y the contimiance of the stiife and the unnatui'al mode of 
its conduct. The same i- true, dill'ei'ing only in degree, with respect 
to the intere>(s and |)eople of other nations: and the absence of any 
reasonable assui-ance of a near tei'inination of the conflict nnist. of 
necessity, soon compel the states thus suHering to consider what the 



§ 907.] CUBA. 95 

interests of their o^Yll people and tlieir duty toward themselves nvAV 
demand. 

'' I have hoped that Spain would he enahled to estahlish peace in her 
colony, to afford security to the property and the interests of our citi- 
zens, and allow- legitimate scoj^e to trade and connnerce and the 
natural productions of the island. Because of this hope, and from an 
extreme reluctance to interfere in the most remote manner in the 
affairs of another and a friendly nation, especially of one whose sym- 
pathy and friendship in the struggling infancy of our own existence 
nnist ever be remembered with gratitude, I have i)atiently and anx- 
iously waited the progress of events. Our own civil conflict is too 
recent for us not to consider the difficidties which surround a govern- 
ment distracted by a dynastic rebellion at home, at the same time that 
it has to cope with a separate insurrection in a distant colony. But 
whatever causes may have i)roduced the situation which so grievousl}- 
affects our interests, it exists, with all its attendant evils operating 
directly upon this country and its ])0()ple. Thus far all the efforts of 
Spain have ])roved abortive, and time has marked no improvement in 
the situation. The armed bands of either side now occupy nearly the 
same ground as in the past, with the difference, from time to time, of 
more lives sacrificed, more })roperty destroyed, and wider extents 
of fertile and productive fields and more and more of valuable prop- 
erty constantly wantonly sacrificed to the incendiaries' torch. . . . 
[At this point the President discussed the questions of the recognition 
of independence and the recognition of belligerency. The passages 
are given under those titles, supra, §§ -10, 07, vol. 1. pp. 107, VM\.\ 
The recognition of indei)endence or of belligerency being thus, in my 
judgment, equally inadmissible, it reuuiins to consider what course 
shall be adoi)ted should the conflict not soon be brouglit to an end by 
acts of the parties themselves, and should the evils which result there- 
from, affecting all nations, and particularly the ITnited States, 
continue. 

•• In such event, I am of opinion that other nations will be com- 
pelled to assume the responsibility which devolves upon them, and to 
sei-iously consider the only remaining measures possible, mediation and 
intervention. Owing, perhaps, to the large exj)anse of water sei)arat- 
ing the island from the peninsula, the want of harmony and of i)er- 
sonal sjnnpathy between the inhabitants of the colony and those sent 
thither to rule them, and want of adaj^tation of the ancient colo- 
nial system of Eur()i)e to the present times and to the ideas which the 
events of the past century have developed, the contending parties 
appear to have within themselves no dei)ository of counnon confithMxc. 
to suggest wisdom when passion and excitement have their sway, and 
to assume the j^art of peacemaker. In this view, in the eai-iii r 'iays 
of the contest the good offices of the United States as a mediator were 



96 INTERVENTION. [§ 907. 

t«Mul»M-('(l in froo(\ faith, without anv selfish purpose, in the interest of 
humanity and in sincere friendship for both parties, but were at the 
time declined by Spain, with the declaration, nevertheless, that at a 
future time they would i)e indispensable. No intimation has l)een 
ivcoived that in the opinion of Spain that time has been reached. 
And yet the strife continues, with all its dread horrors and all its 
injuries to the interests of the United States and of other nations. 
Each party seems (piite capable of working great injury and dajnage 
to the other, as well as to all the relations and interests dependent on 
the existence of j)eaco in the island; but they seem incapable of reach- 
ing anv adjustment, and l)oth have thus far failed of achieving any 
success whereby one party shall possess and control the island to the 
i'xclusion of the other. Under these circumstances, the agency of 
others, either by mediation or by intervention, seems to Ik; the only 
alternative which must, sooner or later, be invoked for the termina- 
tion of the strife. At the same time, while thus impressed, I do not 
at this time recommend the adoption of any measure of intervention. 
I shall Ije ready at all times, and as the equal friend of both parties, 
to respond to a suggestion that the good offices of the United States 
will lie acceptable to aid in bringing about a peace honorable to both. 
It is due to Spain, so far as this government is concerned, that the 
agency of a third power, to which I have adverted, shall be adopted 
oidy as a last exix'dient. Had it been the desire of the United States 
to interfere in the affairs of Cuba, repeated opportunities for so doing 
have been presented within the last few years; but we have remained 
passive, and have performed our whole duty and all international 
obligations to Sj)ain with friendship, fairness, and fidelity, and with 
a spirit of patience and forbearance which negatives every possible 
suggestion of desire to interfere or to add to the difficulties with 
which she has been surrounded. 

" The government of S))ain has recently submitted to our minister 
at Madrid certain proposals which, it is hoped, may be found to be 
the basis, if not the actual submission, of terms to meet the require- 
ments of the particular griefs of which this government has felt 
its<'lf entitled to complain. These proposals have not yet reached 
me in their full text. On their arrival they will lie taken into care- 
ful examination, and may, I hope, lead to a satisfactory adjustment 
of the questions to which they refer, and remove the possibility of 
future occurrences, such as have given rise to our just complaints. 

" It is understood also that renewed efforts are being made to intro- 
duce reforms in the internal administration of the island. Per- 
suaded, however, that a projxM* regard for the interests of the United 
States and of its citizens entitle it to relief from the strain to which 
it has been sul>jected l)v the difficulties of the questions and the wrongs 
and losses which arise from the contest in Cuba, and that the inter- 



§ 907.] CUBA. 97 

ests of humanity itself demand the cessation of the strife before the 
whole island shall be laid waste and larger sacrifices of life be made, 
I shall feel it my duty, should my hopes of a satisfactory adjustment 
and of the early restoration of peace and the removal of future causes 
of complaint be, unhappily, disappointed, to make a further connnuni- 
cation to Congress at some period not far remote, and during the 
present session, recommending what may then seem to me to be 
necessary.*' 

President Grant, annual message. Dec. 7, 1875, For. Rel. 187.5, vi. 

On December 0, 1875. Mr. AVashburne was instructed to proceed as 
directed in the circular of November 15, 1875, and was informed that 
the President's message, which had just been sent in, would discoun- 
tenance recognition of belligerency or independence, l)ut Avould refer 
to the continuance of the struggle in Cuba and intimate that media- 
tion or intervention by other powers would be an ultimate necessity 
unless an adjustment was rciched. 

December 13, 1875, Mr. Orth, at Vienna, and Mr. Boker, at St. 
Petersburg, Mere directed to proceed in accordance with the circular 
in question. 

Mr. Fish, Sec. of State, to Mr. Washburne, min. to France, tel., Dec. G, 
187.5, MS. Inst. France, XIX. .320; Mr. Fish, Sec. of State, to Mr. 
Orth, niin. to Austria. Dec 1:5. 1875. MS. Inst. Austria, II. 389; Mr. 
Fish, Sec. of State, to Mr. Bolder, min. to Russia, tel., Dec. 13, 1875, 
MS. Inst. Russia, XV. 541. 

December 19, 1875, Mr. Cushing cabled that the Spanish govern- 
ment had just heard from Austria of a circular addressed to Euro- 
pean governments suggesting intervention in Cuba, and that instruc- 
tion No. 200 was evidently intended. ^Ir. Cushing wished to know 
what he should say if he should be interrogated on the subject. 

Mr. Fish replied that the instruction had been counuunicated to 
Russia, Italy, and Austria; that Prince (iortschakoti' had promised, 
if the Emperor should consent, to make representations to Spain 
towards the i)reservation of good relations, l)ut doubted Russian 
influence; that Italy would instruct her minister to urge upon Spain 
the expediency of fulfilling her duties towards the United States 
and pacifying Cuba, without specifying measures; and that Austria 
promised an answer during the week, which answer would i)robably 
be unsatisfactory. *' Intervention of foreign powers." added ^fr. 
Fish, •• was neither asked nor suggested at present, but expression of 
their views desired to impress on Spain necessity of terminating con- 
test, and to avoid necessity of intervention. This course adojilc«l in 
the direction of friendship and of peace and to exhaust everv cllort, 
H. Doc. 551 — vol 7 



98 INTERVENTION. [§ 007. 

and avoid all j)()ssil)lo suspicion of selfish. Unfriendly, or ulterior 
l)ur|)oses. You may so reply if interro*rated." 

Mr. Fish. S«'c. of Statt\ to Mr. ("ushing. miii. to Spain, tel., Dec. 20, 187"), 
S. I>oc. lii:{. 54 Coiij;. 1 scss. 

'' l\('f('rrin<x lo my No. SO.') of (he Mi of November, to my tele^ram.-i 
of Noveml)er IDth and 'i7th, and December (Uh, and to your telegram 
received Novemln'r ;U)th. and to that of December *2d. I now enclose, 
conlidentially, and for your information, a copy of Mr. Cushing's de- 
spatches No. i\9'2. dated November HO; ()98 dated December 3; 703, 
dated December ^th, and 70;"). dated December Gth, all in reference 
to th«> same (piestion. and also of a desj)atch. No. 1203, from Mr. Uitt, 
char<re d'aH'aires at Paris, dated December 10th, reporting his j)ro- 
ceedings on reading No. *i()(), addressed to ^Ir. Cushing, to the Duke 
Decazes. 

" AVith his <)1)2, Mr. Cushing reports the delivery of a copy of No. 
2(W; to the minister of state, and the I'eading of a memorandum by 
way of explanation. 

".Vs api)ears by ()i)<s. Mr. Layard called upon ^Ir. Cushing on De- 
cember 2d (or as is suj){)osed, on l)ecemi)er 1st), and expressed his 
readiness to back him in the matter of Cuba, so soon as a line of action 
should 1m' agree(l on by the two governments. 

•* Mr. Cushing in his 703 rej)orts in full an interview with the min- 
ister of state on December 4th, relating, however, entirely to the par- 
ticular causes of grievance of the United States, as distinguished from 
the g<'neral (piestion of the condition of Cuba; and in his 705 re- 
fers to a telegram received from yourself, and states (hat Mr. Layard 
is prejjared to cooperate with him now. if there should be any occa- 
sion toward keeping (he peace. bu( (ha( his interview witii tlie niin- 
i:-ter of statt' of the 4th. as reported in his 703, was deemed so satis- 
factory that there seemed to be no present occasion for the friendly 
inter|)osition of Mr. Layard, who concurred in the opinion of the 
inexpediency of further steps until the arrival of more definite 
instructions from Lord Derby. 

"As consideral)le misapprehension seems to e.xist, I refer to the 
matter in some d<'tail. Mr. Cushing seems to have j)resented No. 
2<>C) to the minister of state, and to have Ix'en of the opinion that the 
Spanish note. a> to our |)articular griefs, under (hite of November 
l.")th. might, when received, modify (he views which it was intended 
to insert in the President's message, and in some immner affect the 
general (piestion of the condition of Cuba, treated of in instruction 
2r)C,. 

" ^'our telegram of December 2d stated that Lord Derby liad re- 
ceived a telegram from Mr. Layard. stating that Mr. Cushing had 



§ 907.] CUBA. 99 

delivered to the Spanish government the note of the ."ith, hut had 
requested no definite action upon it until he nii<rlit communicate 
with me. and that some expectation existed that the note of the 
15th Xovember. from the Spanish <rovernment. might atl'ord ivason 
for modification of the views of the President as exi)ressed in his 
message. 

"As you will remember. I replied to your telegram, under date of 
December (jth, as soon as the text of the Spanish note was received, 
stating that, while this communication aii'orded hoi)e of an adjust- 
ment of our particular grievances, it did not suggest an alteration in 
the message upon the general question. 

•* It was hoped that information being thus given, to the effect that 
the President saw no reason to modify the views which had l)een 
connnunicated to the English government, a conclusion would be 
reached by Lord Derby and instructions sent to Mr. Layard. It is 
not impossible that such is the case, but the Department has not been 
;--dvised of any further connnunication l)etween yourself and Lord 
Derby since the receipt of your 839. of December i), received Decem- 
ber 22, acknowledging tlie receipt of my telegram of December 0. nor 
has the Department ever been informed by you. other than by your 
telegrams, of what ])asse(l between yourself and Lord Derby. 

" I had hoped before this to have been fully informed upon the 
question as to what occurred at the interview, the manner in Avhich 
the statement and representation made by you were received, with 
your comments on the whole question, and to have been advised of 
any subsequent steps by the British govermnent. 

"■ It is proper to state, in this connection, that instruction 2()G was 
brought to the attention of the governments of France, (Germany, 
Kussia, Italy, and Austria, although not precisely in the same terms 
in which it was communicated to the government of (ireat Britain, 
and the suggestion Avas made that should these govermnents. in view 
of the statements in instruction '2(\(>, which had been connnunicated to 
the Spanish government, see fit to urge upon Sj)ain the necessity of 
abandoning or terminating the c(mtest in Cuba, such course would 
be satisfactory to this government, and conducive to the interests of 
all connnercial nations. 

"Information has been received l)y telegraph that (iei-many. 
Russia, and Italy have instructed their i-ei)resentatives at Madrid, to 
urge upon the Spanish government the wisdom of restoring ])eace to 
Cuba. 

*• You will also ])erceive, from Mr. llitt's desi)atch. that the Duke 
Decazes contemplated consulting the government of (ireat Britain, 
before deciding on the course which France should adopt. Tlie 
Department is not advised whether any such conference ha- been 
had, nor as to the conclusion which the Duke Decazes may have 



100 INTERVENTION. [§ 907. 

reachod. An instruction has. however, been addressed to Mr. Hitt, 
on that subject. 

'' It is proper also to say, that the note of the 15th of November 
from the minister of foreign affairs of Spain, in reference to the 
|)articuhir rechimations of the United States, while it holds out hopes 
of an adjustment of our particular griefs, at the same time makes it 
necessary to obtain information on several points, and renders con- 
siderable delay in reaching anj'^ conclusion necessary. 

" Under these circumstances, and as certain of the European gov- 
ernments have issued instructions to their representatives on the 
question, it is hoped that no misapprehension exists on the part of the 
British government to delay instructions which it nuiy be willing to 
give, as suggested in my Xo. 805 to you, supporting the views of this 
government as to the necessity of ending the contest in Cuba." 

Mr. Fish, Sec. of State, to Geii. Schenck. inin. to England. No. 833 
(eonfid.), Jan. 11, 187»), MS. Inst. Great Britain, XXIV. 1(52. 

With reference to the foregoing instruction, further developments 
of the negotiations founded on Mr, Fish's No. 266 to Mr. Gushing 
may be noted, as follows: 

Mr. Orth, the American minister at Vienna, brought the subject to 
the attention of the Austrian foreign office, and was subsequently 
advised that Count Andrassy desired a copy of instruction No. 266, 
to which Mr. Orth had referred, IVIr. Fish finally cabled to Mr. 
Orth that he might give a copy of the instruction to Count Andrassy 
if it was desired. Mr. Orth communicated a copy to the Count with 
a formal note of January 24, 1876. Mr. Fish, when he heard of what 
liad been done, instructed Mr, Orth by cable that the permission pre- 
viously given " did not contemplate a written communication " of 
the instruction, but merely an informal handing of it to Count 
Andrassy; and Mr. Orth was directed not to press for a formal 
answer. Count Andrassy was duly ac(iiuiinted with the wishes of 
the United States on this subject, and no answer was given. While 
negotiations were jHMiding, the substance of Mr. Orth's interviews 
with the foreign office from time to time appeared in the Vienna 
press. 

In France the Duke Decazes smnmed uj) the views of his Govern- 
ment by .saying, first, that they were sincerely desirous of assisting 
the United States and Spain in the matter; and, second, that the 
situation in Cuba affected French interests, and that France would be 
willing to coojKM-ate with tlie United States in bringing it to an end if 
they thought the o|)p<)rt unity was favorable, but that it would be 
necessary to wait, especially in view of the embarrassed situation of 
Spain at home. 



LIBRARY 
Ronri UNIVERSITY OF CALIFORNIA 

^'''•^ ^"^" RIVERSIDE 1^1 

After sending his instructi(Mi of January 11, ISTC). to General 
Schenck, Mr. Fish had an interview at the Department of State v/ith 
Mr. Schlozer, the German minister, who stated that he had been 
instructed to express thanks for the friendly coniunniication to the 
German government of instruction Xo. '2i)(\. and to state that, while 
his government appreciated the seriousness of the situation in Cuba, 
it did not feel disposed at present to take any decided step. Mr. 
Fish remarked that he had understood from tlie American charge 
d'affaires at Berlin that tlie German minister at Mach'id would be 
instructed to represent to the Spanish government that in the opinion 
of Germany the United States was justified in its complaint and in 
the wish for the early termination of the conflict in Cuba. Mr. 
Schlozer replied: '* Oh. yes; but you know in these matters the gov- 
ernments of Europe like to act in concert." Mr. Fish answered that 
this w^as the object in view in communicating with the great powers 
simultaneously, since it Avas believed that they would feel the fair- 
ness of the position of the United vStates, and that a simultaneous 
expression to that effect could not fail to exercise a powerful influence 
in inducing Spain to appreciate the necessity of ending a Avar which 
had lasted more than seven years and Avhich Avas threatening the 
destruction of the productive capacity of the island. Mr. Fish fur- 
ther called attention to the fact that the United States " neither 
sought nor desired any i)hysical force or pressure, but simply the 
moral influence of concurrence of opinion as to the protraction of the 
contest." On January 20, 18T(), Mr. Davis, American minister at 
' Berlin, reported that he had just had an interview Avith ]Mr. Von 
BiiloAv concerning Cuba. Mr. Davis inquired Avhat ansAver had been 
made to the German representation concerning the duration of the 
war. Mr. Von BiiloAV rejjlied that the Spanish gOA'ernment had 
assured Count Hatzfeldt th.at the insurrection Avould be shortly sup- 
pressed, and that, as soon as this Avas done, libei-al reforms would be 
giA'en to Cuba. In these circumstances the (ierman governuient Avas 
indisposed to take any action. 

Lord Derby stated that the British goverumenl would b',> Avilling, 
in the interest of humanity and friendship, to cooperate in any Avay 
that promised to bring about a settlement of troubles in Cuba, but 
that it Avas not prepared to i)ut any pressure on the Spanish gov- 
ernment or to put forAvard proposals Avhich he had reason to think 
that that goA-ernment Avould not be inclined to accept. He thought 
that Spain, for the purpose of saving her dignity, might be Avilling 
to accept some interposition, in which case (ireat lii'itain Avould not 
object to using her good offices. But she could not emjilov hei- good 
offices if Spain stood off and declined any interfcriMice. lie (•\])itv" <'<! 
the belief that Spain Avould certainly i-eject any i)i-<)posal for gising 
up Cuba, and Avould never yield that point except to I'onc but that 



102 INTERVENTION. [§ 907. 

sIk' inig:lit bo willintr to a<rn'o on a basis of self-government for the 
islands. 

The answ(>r of Italy has Ikhmi <riven above, in the instruction to 
Cleneral Schenck. 

As the result of conferences Avith the forei<j:n oHice. the American 
minister at Lisbon exj^ressed the belief that Portu<ral would under 
no circumstances at the moment venture to ur<re upon the Spanish 
ofovcrnment the inij)ortance of a speedy termination of the conflict 
in Cuba. 

On December •2-\. LST."). Mr. Boker. American minister at St. Peters- 
bur<r. reported that Prince (iortschakotl' had informed him that the 
P2mperor had acquiesced in the i)roposal that diplomatic representa-" 
tions should be made by Kussia to the Spanish government, and that 
instructions had been sent to the Russian minister at Madrid to use 
his good office and friendly advice with the intention of effecting an 
e(|uitable adjustment of questions at issue; but Prince Gortschakoff 
seemed to ri'fer to the use of good offices to avert a conflict between 
the United States and Spain, rather than to the object which Mr. 
Fish had in view. 

St'c S. Rt'port No. S,s.">. ."» Coiij;. '2 scss. 12!1-171>. ((iiitjiiiiinir :i rrpi'int of 
S. Kx. Doc. I2i:{. ~A ("oii«. 1 sess. : .Mr. Fisli. Sec of St.itt', to Mr. 
Davis, mill, to (Jcnuaiiy. No. l".*'. (coiiHd. ». Jan. 20. 1S7(>. .MS. Inst. 
(Jcniiaiiy. X\l. 147. 

•• Fj)on reading your No. *.>.")() of the 20th May. enclosing an extract 
from the hi<Jvj>(>)i<l(ii<'>(i of New York. i)rofessing to contain a ' pro- 
gi-auune ' of the re\'olutionists in Cuba, with your comments as to the 
('.\trcmiti<'s to wjiich the insurgents have proceeded. I am reminded of 
your two despatches Xos. Dll and i)U. l)oth dated Ai)ril 10, 18T(C 
informing me of the communication to the minister of state of in- 
struction No. .')2:> of the 1st of March. 

•• "^'ou will rcmeml)er that this instruction was addressed to you 
Ix'cause the minister of state was j)leased to imite a frank statement 
concerning the i)recise thing whicli this government would advis<' or 
wish Spain to do. i)ursuant to which intimation T fraid<ly informed 
you of the views of this government as to what course might Ijc 
atlopted with a view to the I'estoration of peace in Cuba. 

"On ahno>t every occasion heretofoi'e. when complaints have been 
made of the damage to this comitry. and to all countries having i-ela- 
tions with Cuba, growing out of the insun-ection. oi" wlien friendly 
suggestion has been made, as in this case, substantially the same 
answer has been retui-ned. namely, that the insui'rection was aiK)ut to 
l)e suppressed, and when that had iiai>p<'ned. then, but not before, 
reforms which wei-e admitted to be i-ef|uired. would be inaugurated, 
and nieasures necessary to the j)eace or prosperity of the island 



§ 907.] CUBA. 108 

adopted. The insurrectionists on the other hand have been unwilling 
to rely on these assurances or to la}^ down their arms. Thus things 
have proceeded and the insurrection is no nearer a suppression now 
than years ago, and the needed reforms as distant as some years since. 

'• It has been averred that certain high authorities in Spain did not 
at first object to a show of revolution or revolt in Cuba as such a 
condition of affairs gave ready excuse for increased taxation and new 
burdens. Of this I say nothing and express no opinion, but it seems 
to me indisputable that the determination of Spain to do nothing by 
way of reforms or to aid in any improvement in affairs until the in- 
surrection had been suppressed, has j^revented its suppression and 
virtually prevented tlie introduction of any better state of affairs in 
the island. 

"With therefore a continuation of the same policy on the part of 
the authorities of Spain, as i^ foreshadowed by the minister of state 
in his connnunications to you touching my instruction of the 1st of 
March, and in other ([uarters. and with the determination of the in- 
surgents, if such can be said to be foreshadowed in this extract from 
the Independeneia, or if the sar.ie be genuine, with the extreme views 
of the two parties, neither willing or intending to yield to the other, 
and with the Avant of power or aliility of either to coerce the other, 
there seems little hope that anything is scxm to be expected in the 
interest either of good government in Cuba, or which will lead to 
peace and prosperity in the island." 

Ml-. Fish. Sec. of Statt'. to Mr. Cusliins. luin. to Spain, No. 38,3, .Tune tt], 

187C). MS. Inst. Spain, X\ II. .")0. 
See also, as to intervention in Cul»a, ;Mr. Fish. Sec. of State, to Mr. 

Gushing', niin. to Spain, No. ?A2. Mareli 22. ISTC. MS. Inst. Spain. 

XYII. 404. 

"Another year has passed without bringing to a close the pro- 
tracted contest between the Spanish government and the insurrection 
in the island of Cuba. While the United Slates have sedulously 
abstained from any interventi(m in this contest, it is impossible not 
to feel that it is attended with incidents affecting the rights and 
interests of American citizens. Ai)art from the effect of the hostili- 
ties upon trade between the United States and Cuba, their i)rogress 
is inevitably accompanied by complaints, having more or less foun- 
dation, of searches, arrests, embargoes, and oppressive taxes upon the 
property of American residents, and of unprovoked interference witli 
American vessels and counnerce. Tt is due to the government of 
Spain to say that during the past year it has promptly disavowed an«l 
olTered reparation for any unauthorized acts of unduly zealous sul)- 
ordinates whenever such acts have been brought to its atlctilion. 
Nevertheless, such occurrences can not but tend to excite feelings of 



104 INTERVENTION. § 907.] 

annoyance, suspicion, and resentment, A\hich are greatly to be depre- 
cated, between the respective subjects and citizens of two friendly 
powers." 

President Hayes, annual message, Dec. 3, 1877, For. Hel. 1877, xll. 

" This government has xnore than once been called upon of late to 

take action in fuKiHment of its international obligations toward 

Spain. Agitation in the island of Cuba hostile to the Spanish 

Crown having been fomented by jjersons abusing tlie sacred riglits of 

Iiospitality which our territor}^ affords, the officers of this (iovern- 

ment have been instructed to exercise vigilance to i)revent infractions 

of our neutrality laws at Key West and at other i:)oints near the 

Cuban coast. I am happ}' to say that in the only instance where 

these precautionary measures were successfully eluded, the offenders, 

when found in our territorv. were subsequentlv tried and convicted." 

w 

President Artliur, annuai message, Dec. 1, 1884, For. Rel. 1884, vii. 

Tlie foilowing citations are talion from tlie list of papers concerning for- 
eign relations attached to the Register of the Department of State 
(1884) : 

Neutrality between Spain and Cuba. Resolution requesting the President 
to issue a neutrality proclamation containing the same provisions as 
that issued l)y Si)ain in ISCl on the occasion of the outbreak of the 
civil war in United States. January 10, 1870. (S. Mis. Doc. 20, 44 
Cong. 1 sess.) 

Intervention of foreign i)owers proposed l)y the United States to restore 
order in Cuba ; condition of atTairs in; corresiwndence respecting the 
trial of (Jeneral .Tuan liurricl f(;r the massaci'e of the passengers and 
crew of tlie Mrf/iiiiiis. President's message. .January 21. 187*1. (H. 
Ex. Doc. DO. 4t Cong. 1 sess.) As to tlie Virfjinins, see supra, S§ 309, 
.SI 1.31.1. 

Cuban insurrection. Terms and conditions upon which the surrender of 
the insurgents has l)eeu made. President's message. May 14, 1878. 
( S. Kx. I )oc. 70. 4.~> Cong. 2 sess. ) 

Certain dii)lomatic corresiionde:i<'e with Spain in 187(5, in cases of citizens 
of the T'nited States con<lcnnied to deatli in Cuba. President's mes- 
sage. May 3. 1882. (S. Kx. Doc. Ki."). 47 Cong. 1 sess.) 

Cuba and Porto Rico. Disci'iminating duties on commerce between the 
United States and. President's message, transmitting rei)ort from 
the Secretary of State. Januairy 1;', 1884. (S. Ex. Doc. .^>8. 48 Cong. 
1 sess.) January .30, 1884. part 2, additional pai)ers. 

An elalK)rate exi)osition of tlie relations of the United States to Cuba 
down to ISCkS is given in Mr. W.' R. Lawrence's Com. sur Droit Int., 
II. 31(> et se<i. 

"Unreasonable and unjust fines imposed by Spain on the vessels 
and coninierce of the United States have demanded from time to time 
during the last twenty years earnest remonstrance on the part of our 
government. In the innnediate past exorbitant penalties have l)een 
imposed upon our vessels and goods by customs authorities of Cuba 
and Porto Rico for ck>rical errors of the most trivial character in the 



§ ^08.] . CUBA. 



105 



manifests or bills of lading. In some cases fines amounting to thou- 
sands of dollars have been levied upon cargoes or the carrying vessels 
Avhen the goods in (luestion were entitled to free entry. Fines have 
been exacted even when the error had been detected and the Spanish 
authorities notified before the arrival of the goods in port. 

"This conduct is in strange contrast with the considerate and lib- 
eral treatment extended to Spanish vessels and cargoes in our ports 
in like cases. No satisfactory settlement of these vexatious questions 
has yet been reached." 

■ President Cleveland, annual uiessMKe. Dec. H, 1894. For. Rel. 1894. xiv. 

(3) INSURKKCTION OF 1895. 

S908. 

*' It might well be deemed a dereliction of duty to the government 
Oiney-Dupuy de ^^ *^^^ United States, as well as a censurable want of 

Lome corre- candor to that of Spain, if I Avere longer to defer 

spondence. official expression as well of the anxiety with which 

the President regards the existing situation in Cuba as of his earnest 
desire for the prompt and i^ermanent pacification of that island. 
Any plan giving reasonable assurance of that result and not incon- 
sistent with the just rights and reasonable demands of all concerned 
would be earnestly promoted by him by all means which the Consti- 
tution and laws of this country place at his disposal. 

" It is now some nine or ten months since the nature and prospects 
of the insurrection were first discussed between us. In explanation of 
its rapid and, up to that time, (piite unopposed growth and progress, 
you called attention to the rainy season which from May or June until 
November renders regular military operations imj)racticable. Spain 
was pouring such numbers of troops into Cuba that your theory and 
opinion that, when they could be used in an active campaign, the in- 
surrection would be almost instantly suppressed, seemed reasonable 
and probable. In this particular you believed, and sincerely believed, 
that the present insurrection would otl'er a most marked contrast to 
that which began in 1808. and which, being feebly encountered with 
comparatively small forces, j)rolonged its life for uj^ward of ten years. 

"It is impossible to deny that the expectations thus entertained by 
you in the smnmer and fall of 1805, and shared not merely by all 
Spaniards but by most disinterested observers as well, have been com- 
pletely disappointed. The insurgents seem to-day to connnand a 
larger j)art of the island than ever before. Their men undei- arms, 
estimated a year ago at from ten to twenty thousand, are now con- 
ceded to be at least two or three times as many. Meanwhile. tli«'ii- 
discipline has been improved and their supply of modern weapons 
and equipment has been greatly enlarged, while the mere fad that 



106 INTERVENTION. [§908. 

tliov luivo liekl out to this time has given them confidence in their own 
eves ami j)r('sti<r<' with the worhl at hirgo. In short, it can hardly be 
(lnostioiH'd that the insurrection, instead of being quelled, is to-day 
more formidable than ever, and enters upon the second year of its 
existen<-e with decidedly improved prospects of successful results, 

"Whether a condition of things entitling the insurgents to recog- 
nition as belligerents has yet been brought about may, for the pur- 
poses of th<> j)resent connnunication. be regarded as immaterial. If 
it has not been, it is because they are still without an established and 
organized civil government, having an ascertained situs, presiding 
over a defined territory, controlling the armed forces in the field, and 
not only fulfilling the functions of a regular government within its 
own frontiers, but capal)le internationally of exercising those powers 
and discharging those obligations Avhich necessarily devolve upon 
every member of the family of nations. It is immaterial for present 
])urposes that such is the present political status of the insurgents, 
because their defiance of the authority of Spain remains none the less 
pronounced and successful, and their displacement of that authority 
throughout a very large portion of the island is none the less obvious 
nnd real. 

" When, in 1877, the President of the so-called Cuban Republic was 
eapturcMl. its legislative chamber surprised in the mountains and dis- 
persed, and its presiding officer and other principal functionaries 
killed, it was asserted in some (puirters that the insurrection had re- 
ceived its deathblow and might well be deemed to be extinct. The 
leading organ of the insurrectionists, however, made this response: 

'• • The organization of the liberating army is such that a brigade, a 
i-egiment. a battalion, a company, or a ])arty of twenty-five men can 
ojierate independently against the enemy in any department without 
requiring any instructions save those of their inunediate military 
officers, because their i)uri)ose is but one. and (hat is known by heart 
as well by the general as the soldier, by the negro as well as the white 
man or thf Chinese, viz, to make war on the enemy at all times, in all 
places, and by all means, with the gun. the machete, and the firebrand. 
In order to do this, which is the duty of every Cuban soldier, the 
direction of a government or a legislative chamin'r is not needed; the 
oi-der of a subaltern officer, serving under the general in chief, is suf- 
iicient. Thus it is that the government and chamber have in reality 
been a superfiuous luxury for the revolution.' 

"The situation thus vividly described in 1.S77 is reproduced to-day. 
]^ven if it l)e granted (hat a condition of insurgency prevails and 
nodiing more, it is on so large a scale and diffused o\-er so extensive a 
region, and is so favored 1)V the physical feadires and the climate of 
tlie country, that the authority of Spain is sub\-er(ed and the func- 
tions of its government are in abeyance or practically suspended 



§ ^08.] CUBA. 107 

throughout a great part of the island. Spain still holds the seaports 
and most, if not all, of the large towns in the interior. Nevertheless, 
a vast area of the territory of the island is in effect under the control 
of roving bands of insurgents, which, if driven from one place to-day 
by an exhibition of superior force, abandon it oidy to return to- 
morrow when that force has moved on for their dislodgment in other 
quarters. 

" The consequences of this state of things can not be disguised. 
Outside of the towns still under Spanish rule, anarchy, lawlessness, 
and terrorism are rampant. The insurgents realize that the whole- 
sale destruction of crops, factories, and machinery advances their 
cause in two ways. It cripples the resources of Spain on the one 
hand. On the other, it drives into their ranks the laborers who are 
thus thrown out of employment. The result is a systematic war 
upon the industries of the island and upon all the means by which 
tney are carried on. and whereas the normal annual product of the 
island is valued at something like eighty or a hundred millions, its 
value for the present year is estimated by competent authority as 
not exceeding tAventy millions. 

'* Bad as is this showing for the j^resent year, it nnist be even worse 
for the next year and for every succeeding year during Avhich the 
rebellion continues to live. Some planters have made their crops 
this year Avho will not be allowed to make them again. Some have 
worked their fields and operated their mills this year in the. face of a 
certain loss who have neither the heart nor the means to do so again 
under the present even more depressing conditions. Xot only is it 
certain that no fresh money is being invested on the island. l)ut it 
is no secret that capital is fast witlulrawing from it, frightened 
away by the utter hopelessness of the outlook. Why should it not 
be? AMiat can a prudent man foresee as the outcome of existing 
conditions excej^t the complete devastation of the island, the entire 
amiihilation of its industries, and the absolute impoverishment of 
such of its inhabitants as are unwise or unfortunate enough not to 
seasonably escape from it ? 

"The last preceding insurrection lasted for ten years and then was 
not subdued, but only succumbed to the influence of certain promised 
reforms. "Where is found the j)r()niise that the present rebellion will 
have a shorter lease of life, unless the end is sooner reached through 
thv exhaustion of Spain herself^ Taught by exjx'rience, Spain 
wisely undertook to make its sti-uggle with the i)r<'sent insurrection 
short, sharp, and decisive, to stani]) it out in its very begimiings by 
concentrating upon it large and well-organized armies, armies infin- 
itely superior in numbers, in discipline, and in equipment to any 
the insurgents could oppose to them. 



108 INTERVENTION. [§ 008. 

" Those armies were put under the command of its ablest general, 
as well as its most renowned statesman — of one whose very nanie 
was an assurance to the insurjrcnts both of the skillful generalship 
with which they would be fought and of the reasonable and liberal 
temper in which just demands for redress of grievances would be 
received. Yet the eft'orts of Campos seem to have utterly failed, 
and his successor, a man who, rightfully or wrongfully, seems to have 
intensified all the acerbities of the struggle, is now being reenforced 
with additional troops. It may well be feared, therefore, that if the 
present is to be of shorter duration than the last insurrection, it will 
be because the end is to come sooner or later through the inability 
of Spain to prolong the conflict, and through ]u>r al)andonment of 
the island to the heterogeneous combination of elements and of races 
now in arms against her. 

" Such a conclusion of the struggle can not be viewed even by the 
most devoted fi-iend of Cuba and the most enthusiastic advocate of 
popular government except with the gravest apprehension. There 
are only too strong reasons to fear that, once Spain were withdrawn 
from the island, the sole bond of union between the ditierent factions 
of the insurgents would disappear; that a war of races would l)e 
precipitated, all the more sanguinary for the discipline and expe- 
rience acquired during the insurrection, and that, even if there were 
to be temporary peace, it could only be through the establishment of 
a white and a black re})ublic, which, even if agreeing at the outset 
upon a division of the island between them, would be enemies from 
the start, and would never rest until the one had been completely 
van(|uished and sul)du<>d by the other. 

"The situation thus described is of great interest to the people of 
the United States. They are interested in any struggle anywhere 
for freer political institutions, but necessai"ily and in special measure 
in a struggle that is raging ahnost in sight of our shores. They are 
interested, as a civilized and (Christian nation, in the speedy termi- 
nation of a civil strife characterized by exceptional bitterness and 
exceptional excesses on the })art of both combatants. They are 
interested in the noninterruption of extensive trade relations which 
iiave iM'en and should continue to be of great advantage to i)oth 
countries. Tiiev are interested in the prevention of that wholesale 
destruction of property on the island which, making no discrimina- 
tion between enemies and neutrals, is utterly destroying American 
investments that should be of inunense value, and is utterly impov- 
erishing great numbers of .Vmerican citizens. 

'• On all thes<' grounds and in all these ways the interest, of the 
United States in the existing situation in Cuba yields in extent only 
to that of Sj)ain hers<'lf. and has led nuuiy good and honest persons 
to insist that intervention to terminate the conflict is the immediate 



§908.] CUBA. 109 

and imperative duty of the United States. It is not proposed now to 
consider whether existing conditions would justify such intervention 
at the present time, or how much longer those conditions should be 
endured before such intervention would be justified. That the United 
States can not contemjilate with complacency another ten years of 
Cuban insurrection, with all its injurious and distressing incidents, 
may certainly be taken for granted. 

" The object of the present communication, however, is not to dis- 
cuss intervention, nor to propose interv-ention, nor to pave the way for 
intervention. The purpose is exactly the reverse — to suggest whether 
a solution of present troubles can not be found which will prevent all 
thought of intervention by rendering it unnecessary. What the 
United States desires to do, if the way can be pointed out, is to co- 
operate with Spain in the immediate pacification of the island on such 
a plan as, leaving Spain her rights of sovereignty, shall yet secure to 
the people of the island all such rights and powers of local self-gov- 
ernment as they can reasonably ask. To that end the United States 
offers and will use her good offices at such time and in such manner as 
may be deemed most advisable. Its mediation, it is believed, should 
not be rejected in any quarter, since none could misconceive or mis- 
trust its purpose. 

" Spain could not, because our respect for her sovereignty and our 
determination to do nothing to impair it have been maintained for 
many years at great cost and in spite of many temptations. The in- 
surgents could not, because anything assented to by this government 
which did not satisfy the reasonable demands and aspirations of Cuba 
would arouse the indignation of our whole people. It only remains 
to suggest that, if anything can be done in th-j* direction indicated, it 
should be done at once and on the initiative of Spain. 

'* The more the contest is prolonged, the more bitter and more 
irreconcilable is the antagonism created, while there is danger that 
concessions may be so delayed as to be chargeable to weakness and fear 
of the issue of the contest, and thus be infinitely less acceptable and 
persuasive than if made while the result still hangs in the balance, 
and they could be properly credited in some degree at least to a sense 
of right and justice. Thus far Spain has faced the insurrection 
sword in hand, and has made no sign to show ihat surrender and sub- 
mission would l)e followed by anything but a return to the old order 
of things. Would it not be wise to modify that policy and to accom- 
pany the application of military force with an authentic declaration 
of the organic clianges that are meditated in the administration of the 
island with a view to remove all just grounds of complaint? 

'' It is for Spain to consider and determine what those changes 
would be. But should they be such that the ITnited States could urge 
their adoption, as substantially removing well-founded grievances, 



1 10 INTERVENTION. [§ 908. 

its influence would Ix' exerted for their acceptance, and it can hardly 
he (louhted. would h(> most potential for the termination of hostilities 
and the restoration of peace and order to the island. One result of 
the course of proceeding outlined, if no other, would he sure to fol- 
low, namely, that the rehellion would lose largely, if not altogether, 
the moral countenance and sup})ort it now enjoys from the people of 
the United States. 

" In closing this conununication it is hardly necessary to repeat that 
it is prompted hy the friendliest feelings toward Spain and the Span- 
ish people. To attribute to the United States any hostile or hidden 
purposes would be a grave and most lamentable error. The United 
States has no designs upon Cuba and no designs against the sover- 
eignty of Spain. Neither is it actuated by any spirit of meddlesome- 
ness nor by any desire to force its will upon another nation. Its geo- 
grai)hical ])roximity and all the considerations above detailed compel 
it to be interested in the solution of the Oiban problem whether it 
will or no. Its only anxiety is that that solution should be speedy, 
and, by being founded on truth and justice, should also be pennanent. 

"To aid in that solution it oilers the suggestions herein contained. 
They will be totally misapprehended unless the United States lya 
credited with entertaining no other purpose toward Spain than that 
of lending its assistance to such termination of a fratricidal contest 
as will leave her honor and dignity unimpaired at the same time that 
it promotes and conserves the true interests of all parties concerned." 

Mr. Oluey, Sec. of State, to Mr. Duiniy tie Lome. Span, iiiiii.. April 4, ISOU, 
For. Rel. 1807, 540. 

"As I had the honor to inform your e.xcellency some time ago, I 
lost no time in comuHUiicating to the minister of state of His Majesty 
the King of Spain the text of the note that your excellency was 
pleased to address to me, under date of the 4th of April last, in regard 
to the events that are taking place in the island of (^iba. 

" In his answer, dated May 22 last, the Duke of Tetuan tells me that 
the imjK)rtance of the communication here referred to has led the 
goverinnent of His Majesty to examine it with the greatest care and 
to ])osti)one an answer until such time as its own views on the comj)li- 
cated and delicate Cuban (juestion should Ix' officially made i)ul)lic. 

''The minister of state adds that since the extensive and liberal 
purj)oses of Sj^ain toward Cuba have been laid before the Cortes by 
the august li|)s of His .Majesty in the speech from the throne, the 
previous voluntary decisions of the Sj^anish govermnent in the mat- 
ter may serve, as they are now serving, as the basis of a reply to your 
excellency's note. 

"The government of His Majesty appreciates to its full value the 
noble frankness with which that of the United States has informed it 



[§908. CUBA. Ill 

of the very definite opinion it has formed in regard to the legal im- 
possibility of granting the recognition of belligerency to the Cuban 
insurgents. 

'' Indeed, those who are now fighting in Cuba against the integrity 
of the Spanish fatherland possess no qualifications entitling them to 
the respect, or even to the consideration, of the other countries. They 
do not, as your excellency expresses it, possess any civil government, 
established and organized, with a known seat and administration of 
defined territory, and they have not succeeded in permanently occu- 
pying any town, much less any city, large or small. 

" Your excellency declares, in the note to which I am now replying, 
with great legal acumen and spontaneously, that it is impossible for 
the Cuban insurgents to perform the functions of a regular govern- 
ment within its own frontiers, and much less to exercise the rights and 
fulfill the oliligations that are incumbent on all the members of the 
family of nations. Moreover, their systematic campaign of destruc- 
tion against all the industries on the island, and the means by which 
they are worked, would, of itself, be sufficient to keep them without 
the pale of the universally recognized rules of international law. 

'* His Majesty's government has read with no less gratification the 
explicit and spontaneous declarations to the effect that the govern- 
ment of the United Statt^s seeks no advantage in connection with the 
Cuban question, its only wish being that the ineluctable and lawful 
sovereignty of Spain be maintained and even strengthened, through 
the submission of the rebels, which, as your excellency states in your 
note, is of paramount necessity to the Spanish government for the 
maintenance of its authority and its honor. 

" While expressing the high gratification witli which His Majesty's 
government took note of the emphatic statements which your excel- 
lency was pleased to make in your note of the 4th of Ai)ril with re- 
gard to the sovereignty of Spain and the determination of the United 
States not to do anything derogatory to it, and acknowledging with 
l^leasure all the weight they carry, the Duke of Tetuan says that noth- 
ing else was to be exj^ected of the lofty sense of right cherished by 
the government of the United States. 

'* It is unnecessary, as your excellency remarks, and in view of so 
correct and so friendly an attitude, to discuss the hypothesis of inter- 
vention, as it would be utterly inconsistent with the above views. 

"' Tlie government of His Majesty the King of Spain fully con- 
curs in the opinion that your excellency was })leased to express in re- 
gard to the future of the island in the event, wliich can not and shall 
not be, of the insurrection terminating in its triumph. 

" There can be no greater accuracy of judgment than tliat dis- 
played by your excellency, and. as you said with great reason, such a 
termination of the conflict would be looked upon with the most seri- 



112 INTERVENTION. [§908. 

ous inisgfivin^ even by the most enthusiastic advocates of popnhir 
government ; because, as remarked by your excellency, with the heter- 
otjeneous combination of races that exist there the disappearance 
of Spain would Ih' the disappearance of the only bond of union which 
can keep them in balance, and an unavoidable struggle among the 
men of different color, contrary' to the spirit of Christian civilization, 
would supervene. 

" The accuracy of your excellency's statement is all the more strik- 
ing, as owing to the conditions of population in the island no part 
of the natives can Ix; conceded superiority over the others if the as- 
sistance of the Spaniards from Europe is not taken into account. 

" The island of Cuba has been exclusively Spanish since its dis- 
covery; the great normal development of its resources, whatever it 
is, whatever its value, and whatever it represents in the community 
of mankind, it owes in its entirety to the mother country; and even 
at this day, among the various groups of peoi)le that inhabit it, what- 
ever be the standpoint from which the question be examined, the 
natives of the peninsula are there absolutely necessary for the peace 
and advancement of the island. 

"AH these reasons fully and clearly demonstrate that it is not pos- 
sible to think that the island of Cuba can be iKMiefited except through 
the agency of Spain, acting under her own impulse, and actuated, 
as she has long been, by the principles of lilx'rty and justice. 

" The Spanish government is aware of the fact that far from hav- 
ing justice done it on all sides on these points, there are many persons, 
obviously deceived by incessant slanders, who honestly believe that a 
ferocious despotism prevails in our Antilles, instead of one of the 
most liberal political systems in the world, being enjoyed there now 
as well as ])efore the outbreak of the insurrection. 

" One need only run over the laws governing the Antilles, laws 
which ought to be sufficiently known in the United States at this day, 
to perceive how absolutely groundless such impressions are. 

''A collection of the Cuban newspapers pul)lished in recent years 
would suffice to show that few civilized countries then enjoyed to an 
equal degree freedom of thought and of the press — the foundation of 
all liberties. 

'' The government of His Majesty and the people of Spain wish 
and even long for tho speedy pacification of Cuba. In order to se- 
cure it, they are ready to exert their Ix'st efforts and at the same time 
to adopt such reforms as may Iw useful or necessary and compatible, 
of course, with their inalienable sovereignty, as soon as the submis- 
sion of the insurgents Ik' an accomplished fact. 

" The minister of state, while directing me to bring to the knowl- 
edge of your excellency the foregoing views, instructs me to remark 



§008.] . CUBA. 113 

how pleased he was to observe that his opinion on this point also 
agrees with yours. 

'• No one is more fully aware of the serious evils suffered by Span- 
iards and aliens in consequence of the insurrection than the govern- 
ment of His Majesty. It realizes the immense injury inflicted on 
Spain by the putting forth, with the unanimous cooperation and ap- 
probation of her people, of such efforts as were never before made in 
America by any P^uropean country. It knows at the same time that 
the interests of foreign industry and trade suffer, as well as the Span- 
ish interests, from the insurgent system of devastation; but if the 
insurrection should triumph, the interests of all would not merely 
suffer, but would entirely and forever disappear amid the madness of 
perpetual anarchy. 

•' It has already been said that, in order to prevent evils of such 
magnitude, the cabinet of Madrid does not and will not confine itself 
exclusively to the employment of armed force. 

" The speech from the throne, read before the national representa- 
tives, formally promised motu proprio, not only that all that was 
previously granted, voted by the Cortes, and sanctioned by His 
Majesty on the loth of March, 1895, would be carried into effect as 
soon as the opportunity offered, but also by fresh authorization of 
the Cortes, all the new extensions and amendments of the original 
reforms, to the end that both islands may in the administrative 
department possess a j)ersonnel of a local character, that the inter- 
vention of the mother country in their domestic concerns may be 
dispensed with, with the single reservation that nothing will be done 
to impair the rights of sovereignty or the powers of the government 
to preserve the same. 

" This solemn promise, guaranteed by the august word of His 
Majesty, will be fulfilled by the Spanish government with a true 
liberality of views. 

'' The foregoing facts, being better known every day, will make it 
patent to the fair ])eople of other nations that Spain, far from pro- 
posing that her subjects in the West Indies should return to a 
regime unfit for the times Avhen she enjoys such liberal laws, Avoukl 
never have withheld these same laws from the islands had it not been 
for the increasing separatist conspiracies which compelled her to 
look above all to self-defense. 

"The government of His Majesty most heartily thanks that of the 
United States for the kind advice it l)estows on Spain; but it wishes 
to state, and entertains the confidence that your excellency will read- 
ily see, that it has been forestalling it for a long time past. It fol- 
lows, therefore, as a matter of course, that it will comply with it in 
a practical manner as soon as circumstances make it possible. 
H. Doc. 551— vol (j b 



114 INTERVENTION. [§^08. 

•• Your excellency will have seen, nevertheless, how the Jinnounce- 
nieiit of this concuri-ence of views has been received. 

" The insur««:ents. elated bv the stren<rth which they have acquired 
throu<rh the aid of a certain number of citizens of the United States, 
have contemptuously repelled, by the medium of the Cubans residing 
in this Kei)ublic, any idea that the government of AVashington cari 
intervene in the contest, either with its advice or in any other man- 
ner, on the supj)Osition that the declarations of disinterestedness on 
the part of the government of the United States are false and that it 
wishes to get possession of the island one of these days. Hence it 
is evident that no success would attend such possible mediation, 
which they repel, even admitting that the mother country would con- 
descend to treat with its rebellious subject as one power with another, 
thus surely jeopardizing its future authority, detracting from its 
national dignity, and impairing its independence, for which it has at 
all times shown such great earnestness, as history teaches. In brief, 
there is no effectual Avay to j>acifv (^iba unless it begins with the 
actual subnussion of the armed rebels to the mother country. 

" Notwithstanding this, the government of the United States 
could, by the use of proper means, contribute greatly to the pacifica- 
tion of the island of Cuba. 

•• The government of His Majesty is already very grateful to that 
of the United States for its intention to })rosecute the unlawful 
exj)editions to Cuba of some of its citizens with more vigor than in 
the past, after making a judicial investigation as to the adequacy of 
its laws when honestly enforced. 

*' Still, the high moral sense of the government of Washington 
will undoubtedly suggest to it other more effectual means of i)revent- 
ing henceforth what is now the case, a struggle which is going on so 
near its frontiers, and which is proving so injurious to its industry 
and connnerce, a fact justly deploVed by your excellency, l)eing pro- 
longed so exclusively by the powerful assistance which the rebellion 
tinds in the territory of this great republic, against the wishes of all 
those who love order and. law. 

"The constant violation of international law in its territory is espe- 
cially manifest on the part of Cuban emigrants, who care nothing 
for the losses suffered in the meanwhile by the citizens of the United 
States and of Sj)ain through the jirolongation of the war. 

'• The Sj)anish government, on its })Urt, has done nnich and will do 
moi«' ev<'ry day in order to achieve such a desiral)le end, by endeav- 
oring to correct the mistakes of public opinion in th(^ United States 
and by exposing the ])lots and calunuiies of its relx'llious subjects. 

" It may well happen that the declarations recently made in the 
most solemn form l)V the government of His Majesty concerning its 
intentions for the future will also contribute in a large measure to 



§1)08.1 CUBA. 115 

gratify the wish that your excellency clearly expressed in your note, 
namely — that all the people of the United States, convinced that 
we are in the right, will completely cease to extend unlawful aid to 
the insurgents. 

'• If, with that object in view, further particulars on the Cuban 
question should be desired, in addition to those it already has, by the 
government of the United States, which shows itself so hopeful that 
the justice of Spain may be recognized by all, the government of 
His Majesty will take the greatest pleasure in supplying that infor- 
mation with the utmost accuracy of detail. 

" When the government of the United States shall once be con- 
vinced of our being in the right, and when that honest conviction 
shall in some manner be made public, but little more Avill be required 
in order that all those in Cuba who are not merely striving to accom- 
plish the total ruin of the beautiful country in which they Avere born, 
l)eing then hopeless of outside help and powerless by themselves, will 
lay down their arms. 

" Until that happy state of things has been attained Spain will, in 
the just defense not only of her rights but also of her duty and honor, 
continue the efforts for an early victory which she is now exerting 
regardless of the greatest sacrifices." 

Mr. Duimy de Lome, Span, ruin., to Mr. Olney, Sec. of State, June 4, 
1896, For. Rel. 1807, 544. 

" The Secretary' of the Treasury has brought under my notice an 
elaborate report of the Supervising Surgeon-General of the jSIarine- 
Hospital Service, concerning the continuous danger to the health of 
the seajiorts on the Atlantic coast, and particularly those of the 
Southern States, and in the Gulf of Mexico, by reason of the epidemic 
existence of yellow fever in the city and harbor of Havana. 

'• Dr. Wyman, Avhose responsible position as the officer charged 
with the conduct of quarantine and health precautions so far as the 
same fall under the purview of the Federal government, especially 
(|ualifies him for intelligent observation of the conditions of infection 
existing in neighl)oring foreign ports with which this country main- 
tains extended commerce, has fortified his report on this subject 
w'\th a table showing the years in which yellow fever has invaded the 
seaboard cities of the United States, the cities so visited and the 
source of the infection, from which it will be seen that during a 
recent period of over thirty years in Avhich time more accurate and 
specific observations have been recorded than in the early A'ears of the 
century, a very large proportion of the epidemics which have deso- 
lated the coast States of this Union have had their origin in infection 
directly traceable to Havana, while of those epidemics thei-etofoi-e 
generally described as originating in the West Indies since 1008 the 



IK) INTKRVKNTION. [sj 00(S. 

;iI)|)oii<1(m1 nMiiarks sliow that Havana was likewise in many cases the 
soiiive of the disease. 

"The sanitary condition thns described has necessarily lieen a 
source of anxiety and well-<rroun(hHl alarm to the authorities of the 
I'uitcd States and of the several seaboard States callin*; for sanitary 
precautions and measures of effective quarantine which bear oner- 
ously u|)on the intercourse Ix^tween the United States and the chief 
commercial port of the island of Cuba, throujj:h which the bulk of 
our Autillean connnerce jiasses. From time to time, also, the devel- 
opment and spread of actual epidemics, besides rava|^ing populous 
districts and entailing; rifjorous domestic quarantine, has paralyzed 
commerce and caused widespread hardships, not only as respects the 
Cul)an trade, but as respects the trade of the United States themselves 
with other countries. 

'• The correspondence of this Department with your lejjation for 
many years past shows that these restrictions upon the Cuban traffic 
in the ])orts of the United States have not infrequently been the occa- 
sion of remonstrance on the ])art of the Spanish representatives here, 
while on the other hand the sanitary condition of Havana has fur- 
nisiied obvious justification for the course pursued by the Federal 
and State health officers. 

" I am not muiware of the actual situation of the island of Cuba, 
and r can not assume that the j)resent time is auspicious for inviting 
consideration of the sanitary condition of the hari>or and city of 
Havana with a view to removing the danger which perennially lurks 
there and imperils the health of neighboring communities. I feel, 
however, that it is my duty to lay this report before you and invite 
the most earnest consideration thereof by your government. An- 
other sunnnei' is not far distant, and with the advent of warmer 
weather renewal of the annual precautions against the introduction 
of yellow fever will be necessary, with all their concomitant restric- 
tions and burdens upon a nnitually IxMieficial commeix-e. Sooner or 
latei' the |)rol)leni of attacking the pestilential condition which exists 
and has existed for moi'e than a century at Havana will demand the 
attention not only of Spain but of othei' endangeird countries, with 
a view to devising an effective remedy, for the state of things dis- 
(•lose<i in Suigeon-deneial AVvman's report, and the gravity of tlie 
situation invites timely attention and action." 

Mr. Oliicy. Si'c. (»f state, to Sefmr Don Knri(|ne Dupuy <!(> Lome, Sj)aiiish 
mill.. No. 7<;. I'el.. 7. IS'.n;. .MS. Notes to Spain, XI. V2r,. 



§908. J CUBA. 117 

" The situation in the island of Cuba has largely engrossed the 

attention of the Department of State during the past 

r. neysrepor ^^.^j. j^^ eft'orts to obtain trustworthy information 

Dec. 7, 1896. ■ ^ . , . • • ' p , xt • i 

and to insure due protection to citizens ot the Unitod 

States and tlieir property and interests within the theater of disturb- 
ance have been ably seconded by the consular representatives in that 
island. 

"As regards the character and scope of the hostile operations which 
now affect the greater part of Cuba, the reports of our consuls are 
properly confidential, and while precise as to the several districts 
touching which reports have been received, the nature and sources 
of the information obtained are such as to make detailed publication 
impracticable, so that the Department is not in a position to do more 
at present than state its general deductions as to the position of the 
contending parties. 

Confined in the outset, as in the ten years' insurrection which 
began at Yara in October, 1868, to the eastern portion of the island, 
where the topography and absence of settled centers es})ecially 
favored the desultory warfare apparenth' normal to this class of con- 
tests, the ])resent insurrection very earl}^ took proportions beyond 
those of its predecessor and therewith assumed an aggressive phase, 
invading the populous central and western districts. Passing the 
defensive lines or trochas traversing the island from north to south, 
formidable l)odies of the revolutionary forces early in the year estab- 
lished themselves in the rich sugar-planting districts of Santa Clara, 
Cienfuegos, and ^latanzas, made hostile forays almost in sight of 
Havana itself, and, advancing Avestward, effected a lodgment in the 
fertile tobacco fields of Pinar del Rio, which has so far resisted all 
efforts of the Spanish forces to overcome. 

'' No prominent seaport has been attacked by the insurgents or 
even menaced beyond occasional raids upon the outskirts. A large 
])art of the twenty-two hundred miles of the irregular coast line 
of Cuba, comprising the comparativel}^ unsettled stretches of its 
western extremity and the inhospitable mountain shores of its eastern 
l)ar(. is practically in the hands of the revolutionists. The char- 
acter of these shores, filled to the westward with shallow indenta- 
tions inaccessible to any but light vessels of small tonnage, and to 
the eastward with rocky nooks dangerous to approach by night and 
affording insecure anchorage for larger craft, lends itself peculiarly 
to the guerrilla warfare of the interior, so that the insurgents, being 
relieved of the need of maintaining and garrisoning points upon the 
coast, are effectively able to utilize a considerable part of it as oc- 
casion offers to communicate with the outside world and to nM-eive 
clandestine supplies of men, arms, and ammunition. The situation 



1 1 8 INTERVENTION. [§ 908. 

ill tliat quarter, as rofrartls the ease of surreptitious access and the 
(liHiciihy of re|)ressin<; illicit trallic, fiiuls a not unapt parallel in that 
of the Cornish and Welsh coasts of En<^land or the Scottish Iligh- 
lanils in the last century, where a few adventurers were able to snni<^- 
ij^le sup})lies and land rebel emissaries or forces, baffling the watch of 
maritime forces much greater than those maintained by Spain along 
the diversified shores of Cuba. 

•• While thus in fact controlling the larger part of the internal area 
of the whole island of Cuba, from Cape San Antonio to Cape Maisi, 
and enjoying practically unlimited use of an equally large part of 
the coast, the revolutionary forces are scattered, being nowhere united 
for any length of time to form an army capable of attack or siege 
and fit to take the defensive in a pitched battle. Assembling sud- 
denly at a given point, often in a single night, they make unexpected 
sallies or carry destruction to the tobacco and cane fields of Cuba, 
and at the first sign of pursuit or organized assault they disperse 
only to reassemble in like manner at some other spot. 

" So far as our information shows, there is not only no effective 
local government by the insurgents in the territories they overrun, 
but there is not even a tangible pretence to establish administration 
anywhere. Their organization, confined to the shifting exigencies 
of the military operations of the hour, is nomadic, without definite 
centers and lacking the most elementary features of municipal gov- 
ernment. There nowhere appears the luicleus of statehood. The 
machinery for exercising the legitimate rights and powers of sover- 
eignty and responding to the obligations which de facto sovereignty 
entails in the face of equal rights of other states is conspicuously 
lacking. It is not possil)le to discern a homogeneous political entity, 
possessing and exercising the functionsof administration and capal)le. 
if left to itself, of maintaining orderly government in its own terri- 
tory and sustaining normal relations with the external family of 
governments. . 

"To illustrate these conditions, the insurgent chiefs assert the 
military power lo compel peaceable citizens of the United States 
within theii' reach to desist froui |)lanting or grinding cane, under 
the decreed j)enalty of death and of destruction of their crops and 
mills; but the measure is one of sheer force, without justification 
under |)ublic law. The wrongs so connnitted against the citizens of 
a foreign state are without an international forum of redress to 
which the government of the United States may have recoust; as 
regar<ls its relation to the j)erpetrators. The acts are those of 
anarchy. an<l in default of the responsil)ilities of de facto statehood 
in the case, there remains oidy the territorial accomitability of the 
titidar sovereign within the limits of its competency to repress the 
wrongs complained of. 



^008.] CUBA. 119 

'' In opposition to the nomadic control of the interior and the nnde- 
fended coast by the insurgents, the Spanish authority continues in 
tiie capital cities and the seaports. Its garrisons are there estab- 
hshed ; from tliem its naval operations are directed and executed. 
Most of its functions proceed as in time of i)eace. Its customs and 
nuniicipal revenues are regularly collected, and with exception of the 
temporary restraints, alleged to be due to the admitted existence of a 
state of hostilities, foreign connnerce with the island is kept up, 
although largely diminished by the natural contraction of the Cuban 
market of supply and demand. As to those parts of the island with 
Avhich this country and its citizens maintain legitimately normal 
intercourse, the Spanish power is supreme, although often exercised 
in a vexatious and arliitrary way, calling for just remonstrance. 

'' So far, therefore, as the relative i)osition of the Spanish and 
insurgent forces is comparable with tiie situation during the Vara 
insurrection, while the same phases of organized administration in 
the capital and seaports and etfective relations of trade with the out- 
side world on the one hand, and on the other a nomadic association 
without the insignia of orderly government and strong onW to Avage 
harassing warfare in the interior, are now as then apparent, the 
])resent insurrection stands in notable contrast with its predecessors 
b;;th as to force and scale of operations. 

"Although statistics of their military strength are attainable with 
difiicidty and are not always trustworthy when obtained, enough is 
certainly known to show that the revolutionists in the field greatly 
exceed in numl)ers any organization heretofore attempted: that with 
large accessions from the central and western districts of the island 
a better military (liscii)line is added to increased strength; that 
instead of mainly drawing as heretofore upon the comparatively 
primitive population of eastern Cu1)a. the insiu'gent armies fairly 
represent the intelligent aspirations of a large proportion of the 
people of the whole island: and that they [)urp()se to wage this 
contest, on these better groiuids of vantage, to the end and to make 
the present struggle a supreme test of the capacity of the Cuban 
people to win for themselves and their children the heritage of self- 
government. 

"A iiotal)le feature of the actual situation is the tactical skill dis- 
l)layed by its leaders. When the disparity of numbers and the 
comparatively indefensible character of the central and western 
\'('ga country are considered, the ])assage of a considerable force 
into Pinar del Tvio followed by its successful maintenance there for 
many months must be regarded as a military success of a pro- 
nounced character. 

" So, too, the Spanish force, in the field, in garrison on the island, 
or on its way thither from the mother country, is largely beyond any 



120 CUBA. ?008.] 

iiiilitarv (lis])lay yet calltHl for by a (^iban risiiifj. thus affording an 
iiKli'ix'iuU'nt measure of the streii<;th of the insurreetion. 

"From every accessible indication it is ch'ar that the i)resen( 
rebellion is on a far more formidable scale as to numbers, intelli- 
gence, and representative features than any of the preceding revolts 
of this centui-y ; that the coiresponding efl'ort of Spain for its repres- 
sion has been enormously augmented: and that, despite the constant 
influx of fresh armies and nuiterial of war from the metropolis, the 
relxdlion. after nearly two years of successful resistance, appears 
to-day to be in a condition to ind«'finitely ])rolong the contest on its 
present lines. 

*• The nature of the struggle, however, deserves most earnest con- 
sideration. The increased scale on which it is waged brings into 
bolder relief all the ap[jalling jihases which often appear to mark 
contests for sujiremacy among the T^atin races of the AVestern Hemi- 
sphere. E.xcesses before confined to a portion of the island become 
more impressive Avhen wrought throughout its whole extent, as now. 
The insurgent authority, as has Iwen seen, finds no regular admin- 
istrative exjiression; it is asserted only by the sporadic and irre- 
sponsible force of arms. The Spanish jiower. outside of the larger 
towns and their immediate suburbs, when manifested at all, is equally 
forceful and ai'bitrary. 

"The only a])j)arent aim on either side is to cripple the adversary 
by indiscriminate destruction of all that by any chance may benefit 
him. The populous and wealthy districts of the center and the west, 
which have escaped harm in former contests, are now ravaged and 
laid waste by the blind fury of the respective partisans. The prin- 
ciples of civilized warfare, according to the code made sacred by 
the iniiversal acquiescence of nations, are only too often violated 
with impunity l)V irresponsible subordiiuites. acting at a distance 
from the central authority and able to shield themselves from just 
censure or punishment by false or falsified versions of the facts. 

"The killing and summary execution of noncombatants is fre- 
quently reported, and while the circumstances of the strife are such 
as to preclude accurate or general information in this regard, enough 
is known to show that the number of such cases is considerable. In 
some instances, hapi)ily few, American citizens have fallen victims 
to thes(; savage acts. 

"A large part of the correspondence of the State Dejiartment with 
its agents in Cuba has been devoted to these cases of assault upon 
the rights of our citizens. In no instance has earnest remonstrance 
and energetic ap])eal been omitted. But the representatives of the 
Spanish power often find it easily practicable to postpone explana- 
tions and reparation on the ground of alleged ignorance of facts or 
for other plausible reasons. 



^ 008.1 CUBA. 121 

'• Its effect upon the personal security of our citizens in Cuba is 
not the only alarming feature of the reign of arbitrary anarchy in 
that island. Its influence iipon the fortunes of those Avho have 
invested their capital and enterprise there, on the assumed assurance 
of respect for law and treaty rights, is no less in point. In the 
nature of things, and having regard to the normal productions and 
trade of the island, most of these ventures have been made in the 
sugar and tobacco growing and stock-raising districts now given over 
to civil war. Exact statistics of the amount of such investments are 
not readily attainable, but an approximate statement shows that 
American interests in actual property in the district of Cienfuegos 
reach some $1-2,000,000; in the province of Matanzas some $9,000,000; 
in Sagua, for estates and crops alone not less than $9,229,000, while 
in Santiago the investments in mining operations probal)ly exceed 
$15,000,000. For Pinar del Rio, Santa Clara, and the other interior 
districts tabulated statements are wanting, and so also Avith regard 
to commercial and manufacturing establishments, railway enter- 
prises, and the like. 

"A gross estimate of $50,000,000 would be more likely to fall under 
than over the mark. A large proportion of these investments is now 
exposed to the exceptional vicissitudes of the war. Estates have been 
desolated and crops destroyed by the insurgents and Spaniards alike. 
Upon those not actually ravaged operations have been compulsorily 
suspended owing to the warnings served by the revolutionists or the 
withdrawal of protection by the Spanish authorities, often accom- 
panied by a similar prohibition against continuing work thereon or 
by forbidding communication and residence, thus entailing enforced 
abandonment of the premises. Provisions and stock have been seized 
l\y either force for military use without compensation. Dwellings 
have been pillaged. 

'•In short, the cessation of all remunerative production accompa- 
nies actual or probable loss of the invested capital. Xumerous 
claims on these several accounts have been filed, but in numy 
instances the sufferers are known to abstain from formal claim or 
complaint for prudential reasons, lest worse should befall them at 
the hands of the insurgents and the Spaniards in turn, accordingly 
as either may gain temporary control of their property. A partial 
estimate of nuiterial claims and injuries of this class already aggre- 
gates a trifle under $19,000,000. 

" Nor does the loss fall upon capital alone. Large numbers of the 
agricultural laboring classes are driven from the fields to the near- 
est towns, partly by the peremptory orders of the local military com- 
manders and partly by the cessation or destruction of their only 
means of livelihood. They are well-nigh destitute. Among them 
are many citizens of the United States. Some idea of the extent 



122 INTERVENTION. f§ 008. 

of this calamitous condition is given hv the reports wliich reach the 
DejKirtinent from a single district. It is olHcially reported that 
there are in one ])rovincial city alone some 4,000 necessitous refugees 
from the surrounding country to whom the municipal authorities 
can afford little or no relief. Over oOO of these are American citi- 
zens, engaged in prosperous farming and stock raising at the begin- 
ning of the outbreak, whose employment and resources have been 
swept away by eighteen months of civil strife, reducing them from 
atlluence to penury and throwing them upon the charity of an ex- 
hausted connniniity in a devastated land. 

"All these disastrous conditions, with the evils and disorders neces- 
sarily following in their train, are interfering with the insular ave- 
nues of trade and veiv gravely impairing the business operations of 
Cuba. A measure of the general falling off is instructively found 
in the monthly returns of the customs receipts at the fifteen ports 
of entry of C^iba, which, from $r),4()J).2r)r).77 during the first seven 
months of 1895, sank to $8,T2S, 107.80 in the corresponding period 
of 181)(). 'J'his is but one of many accessible examples to show that 
the industrial value of the island of Cuba is fast decreasing under 
the prevalent conditions. 

" From whatever point of view we regard the matter, it is impos- 
sible not to discern that a state of things exists at our doors alike 
dangerous to good relations, destructive of legitimate connnerce, 
fatal to the internal resources of Cuba, and most vexatious and try- 
ing because entailing upon this government excessive l)urdens in 
its domestic administration and in its outward relations. This 
situation can not indefinitely continue without growing still worse, 
and the time may not be far distant when the United States must 
seriously consider whether its rights and interests as well as its 
international duties in view of its peculiar relations to the island do 
not call for some decided change in the i)olicy hitherto pursued. 

•' Besides the cases growing out of the acts of the combatants in 
the interioi*. complaints have not been infrequent touching the course 
of the insular govei-nment in the centers where the Spanish authori- 
ties assei-t poHtico-militiirv powers. Numerous instances of inter- 
ference with the j)ersons, i)roperty. vessels, and interests of citizens of 
the I'nited States have been bi-ought to notice in the past twelve- 
month. In evei'v case where the facts sufficed to impute culpability 
oi- re>i)onsil)ility to the agents of the Si)anish power redress has l)een 
])romj)tly and vigorously sought. 

•• 'I'he right of evei-y citi/en arrested in Cuba to have the benefit of 
the ordinaiy crimina] |)roceedings giuiranteed by existing treaties has 
l)een energetically insisted upon: the claim of the insular authorities 
to seize the j)ersons of our citizens without process or charg(> of 
crime, and to detain them as suspects upon mere administrative order, 



§00«1 CUBA. 123 

has been met with prompt demanel for immediate re^dar trial or 
release; arbitrary restrictions upon ordinary connnerce, decreed by 
the military jiower, and tendin<j to impair existing contracts of our 
citizens, have called forth impressive remonstrance and promise of 
redress ; the right of our consular representatives to address the local 
authorities in defence of any assailed interests of Americans, when 
questioned, has been successfully defended; and unwarrantable acts 
of interference with our vessels have been at once resisted. The par- 
ticulars of many of these cases will be found in the collected annual 
volume entitled ' Foreign Relations of the United States.' 

'' In April last the Competitor^ a small schooner of American reg- 
istry, eluding the vigilance of the Federal authorities, took on board 
men and supplies presumably intended to aid the Cuban insurrection, 
and reached the coast of that island near San Cayetano. Being dis- 
covered by the Spanish coast guard, a conflict ensued, resulting in 
the capture of a number of those on board as well as the seizure of 
the vessel. The prisoners, among them several American citizens, 
were subjected to a summary military trial, which, although con- 
ducted by an admiralty court, alleged to be competent, appeared to 
have lacked the essential safeguards of procedure stipulated by the 
existing conventions between the United States and Spain. This 
government promptly fntervened to secure for its implicated citizens 
ail the rights to which they Avere clearly entitled, including appeal 
from the ])ronounced sentence of death. Their cases were subse- 
([uently carried to the higher tribunal at Madrid, which has set the 
conviction aside and remanded the cases for retrial. 

" This government has been constrained to enter earnest protest 
against a recent decree of the governor-general of Cuba, ordering 
the registration of all aliens in the island, and pronouncing all those 
not registered within a certain time as debarred from appealing to 
the provisions of exi«tin»g law. The treaty rights of American 
<»itizens obviously depend on their actual allegiance to their own 
government, not upon any arbitrary inscription as aliens by the 
State wherein they may be sojourning; and while this government 
is well disposed to admit the convenience of the proposed registry as 
an additional evidence of the right of such citizens in Cuba to the pro- 
tection of the authorities, and has signified its willingness to facili- 
tate their registration, it can never consent that the omission of a 
merely local formality can operate to outlaw any ])ersons entitled to 
its i)rotection as citizens, or to abrogate the right to the orderly 
recourses of Spanish law solemid}' guaranteed to them by treaty.'' 

Report of >rr. Olney, See. of State, to the President, Dec. 7, 189<), For. 
Kel. 1896, Ixxx. 



124 TNTKRVENTTON. \%^08. 

"The insurrection in Cuba still continues with all its perplexities. 
President Cleve- ^^ '"^ (lifllcult to ])erceive that any j)ro£rress has thus 
land's annual i'ar been made towards the pacification of the island 
message, Dec. 7, or that the situation of aH'airs as depicted in niv last 
^®^®' ainiual n»essa<^e has in the least improved. If Spain 

stilL holds Havana and the seaports and all the considerable towns, 
the insur<;:ents still roam at will over at least two-thirds of the inland 
country. If the determination of Spain to put down the insurrection 
se(MMs but to stren<>:then with th.e laj)se of time, and is evinced by her 
unhesitatiniT devotion of largely increased military and naval forces 
to the task, there is nnicli reason to believe that the insur<jents have 
gained in })oint of numl)ers, and character, and resources, and are 
none the less inflexi})le in their resolve not to succumb, without prac- 
tically securing the great objects for which they took up arms. If 
Spain has not yet reestablished her authority, neither have the insur 
gents yet made good their title to be regarded as an inde})endent state. 
Indeed, as the contest has gone on, the pretense that civil government 
exists on the island, excejit so far as Spain is able to maintain it, has 
l)een practically abandoned. vSpain does keej) on foot such a govern- 
ment, more or less imi)erfectly, in the large towns and their immediate 
suburbs. But. that exception being made, the entire country is either 
given over to anarchy or is subject to the military occupation of one 
or the other party. It is rei)orted. indeed, on reliable authority that, 
at the demand of the connnander in chief of the insurgent army, the 
putative Cuban government has now gixen up all attemi)t to exerci.se 
its functions, leaving that government confessedly (what there is the 
Ix'st reason for suj)j)osing it always to have been in fact) a govern- 
ment UK'rely on paper. 

'' Were the Spanish armies al)le to meet their antagonists in the 
open, or in j)itclied battle, prompt and decisive results might be 
looked for, and the inunense sui)eriority of the Spanish forces in 
numbers, disci])line. and ecjuipment, could hardly fail to tell greatly 
to their advantage. But they are called upon to 'face a foe that 
shuns genei'al engagements, that can choose and does choose its own 
ground, that from the nature of the country is visible or invisible 
at j)leasure. and that fights oidy fi-om ambuscade and when all the 
advantages of position and numb(M"s ar<' on its side. In a country 
where all that is indispensable to life in the way of food, clothing, 
and shelter is -o easily obtainable, especially by those born and bred 
on the soil, it is obvious that there is hardly a limit to the time during 
which hostilities of this sort may be j)rolonged. Meanwhile, as in 
all cases of ])rotracted civil strife, the passions of the combatants 
grow more and more inflamed and excess(^s on both sides become more 
frequent and more deplorable. They are also participated in bv 
bands of marauders, who, now in the name of one party and now in 



§1)08.] CUBA. 125 

the name of the other, as may best suit the occasion, liarrv the country 
at will and plunder its Avretched inhal)itants for their own advantage. 
Such a condition of things would inevitably entail inunense destruc- 
tion of property even if it were the policy of both parties to prevent 
it as far as practicable. But while such seemed to be the original 
policy of the Spanish government, it has now apparently abandoned 
it and is acting upon the same theory as the insurgents, namely, that 
the exigencies of the contest require the wholesale annihilation of 
proi)erty, that it may not prove of use and advantage to the enemy. 

'' It is to the same end that in pursuance of general orders, Spanish 
garrisons are now l)eing withdrawn from plantations and the rural 
population required to concentrate itself in the towns. The sure 
result would seem to be that the industrial value of the island is fast 
diminishing, and that imless there is a speedy and radical change in 
existing conditions, it will soon disappear altogether. That value 
consists very largely, of course, in its capacity to produce sugar — a 
capacity already much reduced by the interruptions to tillage, which 
have taken place during the last two years. It is reliably asserted 
that should these interruptions continue during the current year 
and practically extend, as is now threatened, to the entire sugar- 
producing territory of the island, so much time and so nuich money 
will be required to restore the land to its normal productiveness that 
it is extremely doubtful if capital can be induced to even make the 
attempt. 

'' The spectacle of the utter ruin of an adjoining country, by nature 
one of the most fertile and charming on the glolx'. would engage the 
serious attention of the government and people of the United States 
in any circumstances. In point of fact, they have a concern with it 
Avhich is by no means of a wholly sentimental or philanthropic char- 
acter. It lies so near to us as to be hardly se])arated from oiu" terri- 
tory. Our actual i)ecuniary interest in it is second only to that of 
rhe people and government of Spain. It is reasonably estimated 
that at leasts frgm $80,000,000 to $50,000,000 of American capital 
are invested in plantations and in railroad, mining, and other busi- 
ness enterprises on the isLmd. The volume of trade between the 
United States and Cuba, which in 1880 amounted to about $G-1:,000,- 
000, rose in 181)3 to about $103,000,000, and in 1894, the year before 
the ])resent insurrection broke out, amounted to nearly $90,000,000. 
Besides this large ])ecuniary stake in the fortunes of Cuba, the 
United States finds itself inextricably involved in the present con- 
test in other ways both vexatious and costly. 

" Many Cubans reside in this country and indirectly promote the 
insurrection through the press, by public meetings, by the purchase 
and shipment of arms, by the rtiising of funds, and by other nienns, 
which the spirit of our institutions and the tenor of our laws do not 



126 INTERVENTION. [§ 008. 

jxTinit to Ixj made the subject of criminal prosecutions. Some of 
them, tliou<rh Cul)ans at heart and in all tlieir feelinj:rs and interests, 
have taken out i)ai)ers as natural i/.ed citizens of the United States, 
a j)roceeding resorted to Avith a view to jwssible protection by this 
jifovernment, and not unnaturally repirded with much indijjnation 
by the country of their ori<i:in. The insur<rents are undoubtedly 
encouraged and supi)orted by the widespread sympathy the ])eople 
of this country always and instinctively feel for every struggle for 
better and freer government, and which, in the case of the more 
adventurous and restless elements of our population, leads in only 
too many instances to active and personal participation in the con- 
test. The result is that this government is constantly called upon 
to protect American citizens, to claim damages for injuries to 
jH'rsons and ])rojierty, now estimated at many millions of doHars, 
and to ask explanations and apologies for the acts of Spanish offi- 
cials, whose zeal for tlie repression of rebellion sometimes blinds 
them to the imnuinities belonging to the unoffending citizens of a 
friendly power. It follows from the same causes that the United 
States is compelled to actively ])olice a long line of seacoast against 
unlawful expeditions, the escape of Avhich the utmost vigilance will 
not always suffice to jirevent. 

''These inevitable entanglements of the United States with the 
rebellion in Cuba, the large American ])roperty interests affected, 
and considerations of philanthropy and humanity in general, have 
led to a vehement demand in various quarters, for some sort of posi- 
tive intcM'vention on the ])art of the United States. It was at first 
proposed that belligerent rights should be accorded to the insur- 
gents — a pr()i)osition no longer urged because untimely and in prac- 
tical operation clearly perilous and injurious to our own intere>^ts. 
It has since been and is now sometimes contended that the independ- 
ence of the insurgents should 1k' recognized. But imperfect and re- 
stricted as the Spanish govermnent of the island may be, no other 
exists there — unless the will of the military officer in temporary 
connnand of a particular district can l)e dignified as a species of 
government. It is now also suggested that the United States should 
buy the island — a suggestion jiossibly worthy of considei'ation if 
there were any evidence of a desire or willingness on the part of 
Spain to entertain such a i)ro})osal. It is urgi^d, finally, that, all 
other methods failing, the existing internecine strife in Cuba should 
be terminated by our intervention, even at the cost of a war between 
the T"^iiit('d States and S])ain — a war which its jidvocates confidently 
prophesy could ])e neither large in its proportions nor doubtful in 
its issue. 

"The coi'i-ectness of this forecast need be neither affirmed nor de- 
nied. The United States has nevertheless a character to maintain as 



§ i>08.] CUBA. 127 

a nation, Avhich plainly dictates that right and not might should be 
the rule of its conduct. Further, though the United States is not a 
nation to which peace is a necessity, it is in truth the most pacific of 
])owers, and desires nothing so much as to live in amity Avith all 
the Avorld. ]fts own ample and diversified domains satisfy all pos- 
sible longings for territory, preclude all dreams of conquest, and 
prevent any casting of covetous eyes upon neighboring regions, how- 
ever attractive. That our conduct towards Spain and her dominions 
has constituted no exception to this national disposition is made 
manifest by the course of our government, not only thus far during 
the present insurrection, but during the ten years that followed the 
rising at Yfira in 18G8. Xo other great power, it may safely be said, 
under circumstances of similar perplexity, would have manifested 
the same restraint and the same patient endurance. It may also be 
said that this persistent attitude of the United States towards Spain 
in connection with Cuba unquestionably evinces no slight respect 
and regard for Spain on the part of the American peoj^le. They in 
truth do not forget her connection with the discovery of the West- 
ern Hemisphere, nor do they underestimate the great qualities of the 
Spanish people, nor fail to fully recognize their sf)lendid patriotism 
and their chivalrous devotion to the national honor. 

" They view with wonder and admiration the cheerful resolution 
with Avhich vast bodies of men are sent across thousands of miles of 
ocean, and an enormous debt accumulated, that the costly possession 
of the Gem of the Antilles may still hold its place in the Si^anisli 
Crown. And yet neither the government nor the people of the 
United States have shut their eyes to the course of events in Cuba, 
or have failed to realize the existence of conceded grievances, which 
have led to the present revolt from the authority of Spain — griev- 
ances recognized by the Queen Regent and by the Cortes, voiced by 
the most patriotic and enlightened of Spanish statesmen, without 
regard to ]iarty, and demonstrated by reforms proposed by the 
executive and approved by the legislative branch of the Spanish 
government. It is in the assumed temper and disposition of the 
Spanish government to remedy these grievances, fortified by indica- 
tions of influential public opinion in Spain, that this government 
has hoped to discover the most promising and effective means of com- 
jwsing the present strife, with honor and advantage to Spain and with 
the achievement of all the reasonable ol)jects of the insurrection. 

" It would seem that if Spain should offer to Cuba genuine auton- 
omy — :i measure of home rule which, while preserving the sover- 
eignty of Spain, would satisfy all rational requirements of hei- 
Spanish subjects — there should be no just reason why the pacification 
of the island might not be effected on that basis. Such a result 
would appear to be in the true interest of all concerned. It would 



128 I^'TKEiVENTI()N. [§908. 

at oiRc stop the conflict which is now consuming the resources of the 
ishuul and niakin<r it worthless for whichever party may ultimately 
prevail. It would keej) intact the possessions of Spain without 
touching her honor, which will be consulted rather than impugned 
hy the adeciuate redress of admitted grievances. It would put the 
prosperity of the island and the fortunes of its inhabitants within 
their own control, without severing the natural and ancient ties which 
l)ind them to the mother country, and would yet enable them to test 
their cai)acity for self-government under the most favorable condi- 
tions. It has been objected on the one side that Spain should not 
])romise autonomy until her insurgent subjects lay down their arms; 
on the other side, that promised autonomy, however liberal, is insuf- 
ficient, because without assurance of the promise being fulfilled. 

" But the reasonableness of a requirement by Spain, of uncondi- 
tional surrender on the part of the insurgent Cubans before their 
autonomy is conceded, is not altogether apparent. It ignores iin])or- 
tant features of the situation — the stability two years' duration has 
given to the insurrection; the feasibility of its indefinite ])rolonga- 
tion in the nature of things, and as shown by past experience; the 
utter and imminent ruin of the island, unless the present strife is 
sjMH'dily composed; above all, the rank abuses which all parties in 
Spain, all branches of her government, and all her leading i)ublic 
men concede to exist and profess a desire to remove. Facing such 
circumstances, to withhold the proffer of needed reforms until the 
parties demanding them put themselves at mercy by throwing down 
their arms has the appearance of neglecting the gravest of perils 
and inviting suspicion as to the sincerity of any professed willing- 
ness to grant reforms. The objection on behalf of the insurgents-7- 
that ])romised reforms can not be relied upon — nmst of course be 
considered, though we have no right to assume, and no reason for 
assmning. that anything Spain undei'takes to do for the relief of 
Cuba will not be done according to both the spirit and the letter of 
the undertaking. 

•• Nevertheless, jealizing that sus})icions and precautions on the 
|)ait of the weaker of two combatants ai-e always natural and not 
always unjustifiable — i)eing sincerely desirous in the interest of both 
as well as on its own account that the Cuban problem should be 
-olved with the least ])<)ssible delay — it was intinuited by this gov- 
ernment to the government of Spain some months ago that, if a 
satisfactory measure of home rule were tendered the Cuban insur- 
gents, and would be accei)ted by them uyton a guaranty of its execu- 
tion, the I'liited States would endeavol* to find a way not objection- 
able to Si)ain of furnishing such guaranty. AVhile no definite 
r-esponse to this intimation has yet been received from the Spanish 
govermnent, it is believed to be not altogether unwelcome, while, 



§^08.] CUBA. 129 

as already suggested, no reason is perceived why it should not be 
approved by the insurgents. Neither party can fail to see the 
importance of early action and both must realize that to prolong the 
jn-esent state of things for even a short period will add enormously 
to the time and labor and expenditure necessary to bring about the 
industrial recuperation of the island. It is therefore fervently 
hoped on all gi-ounds that earnest efforts for healing the l)reach 
between Spain and the insurgent Cubans, upon the lines above 
indicated, may be at once inaugurated and pushed to an immediate 
and successful issue. The friendly offices of the United States, either 
in the manner above outlined or in any other way consistent with 
our Constitution and laws, will always be at the disposal of either 
party. 

" AMiatever circumstances may arise, our policy and our interests 
would constrain us to object to the acquisition of the island or an 
interference with its control by any other power. 

" It should be added that it can not be reasonably assumed that the 
hitherto expectant attitude of the United States will be indefinitely 
inaintained. While Ave arc anxious to accord all due resjiectto the 
sovereignty of Spain, we can not view the pending conflict in all its 
features, and ])roix^rly ajDprehend our incA'itably close relations to it, 
and its possible results, Avithout considering that by the course of 
events Ave may be draAvn into such an unusual and unprecedented 
condition, as Avill fix a limit to our patient Avaiting for S])ain to end 
the contest, either alone and in her oAvn Avay, or Avitli our friendly 
cooperation. 

" When the inability of Spain to deal successfully Avith the insur- 
rection has become manifest, and it is demonstrated that her so\"- 
eignty is extinct in Cuba for all purposes of its rightful existence, 
and AA'hen a hoi:)eless struggle for its reestablishment has degenerated 
into a strife Avhich means nothing more than the useless sacrifice of 
human life and the utter destruction of the A^ery subject-matter of 
the conflict, a situation Avill be ])resented in AAhich our obligations 
to the soA'ereignty of Spain Avill be superseded by higher obliga- 
tions, Avhich Ave can hardly hesitate to recognize and discharge. 
Deferring the choice of Avays and methods until the time for action 
arriA'es, Ave should make them depend upon the precise conditions 
ihen existing: and they should not be determined upon Avithout 
giving careful heed to CA^ery consideration inA'oh'ing our honor and 
interest, or the international duty Ave OAve to Spain. Until Ave face 
the contingencies suggested, or the situation is by other incidents 
imj^eratiAxdy changed, Ave should continue in the line of conduct 
heretofore pursued, thus in all circumstances exhibiting our obedi- 
H. Doc. 551— vol 6 9 



I'M) INTKKX KNIIOX. \^^0H. 

ciicc t(» tlu» n'<|iiii"('nuMits of piihlic law and our ivpinl fo?" tlu» duty 
cnjoinod uj)()ii us by the position wo occupy in tlic family of nations. 
"A contoin])lation of iMnci'<i:('ncics that may arise should plainly 
load us to avoid thoir creation, oithor throu<j:h a caroloss disro<iard of 
present duty or even an undue stimulation and ill-timed ex|)ressio)i 
of feelintr. l^ut T have deemed it not amiss to I'emind the (\)n<j:ress 
that a time may arrive Avhen a correct policy and care for oui' inter- 
ests, as -well as a re<rard for the interests of other nations and their 
citizens, joined by considerations of humanity and a desire to se'> a 
i-ich and fertile country, intimately related to us. saved from com- 
plete devastation, will constrain our jLrovennnent to such action as 
will subserve the interests thus involved and at the same time jjromise 
to Cuba and its inhabitants an oj)portmnty to enjoy tlie blessings of 
peace," 

President Cleveland, aninial message, Dec 7. 180C,. For. Kel. 1S!m;, xxix. 

"Referring to the conversation which the Assistant Secretary, 
Mr. Day, had the honor to have with you on the 8th 

Protest against instant, it now becomes mv dutv. obeving the direc- 
reconcentration. ,. ,.\, t, • i , ^ •" •, \i * i 

tion or the I'resident. to invite throiigli your repre- 
sentation the urgent attention of the government of Spain to the 
manner of conducting operations in the neighboring island of Cuba. 

'• B}' successive orders and proclamations of the caj)tain-generHl of 
the island of Cuba, some of which have been ])romulgated while 
others are known only by their elTects, a policy of <levastation and 
interference with the most elementary rights of human existence has 
been established in that territoi-y tending to inflict sutlfering on inno- 
cent noncombatants, to destroy the value of legitimate investments, 
and to extinguish the natural resources of the country in the apj)ar- 
ent hope of crippling the insurgents and restoring Si)anish rule in 
the island. 

'• Xo incident has so dee]ily affected the sensibilities of the Ameri- 
can peoj)le or so painfully impressed their government as tlu; ])rocla- 
mations of (Jeneral A\'eyler. oi-dering the bui'uing or unroofing of 
dwellings, the destruction of gj-owing crops, the sus])ension of tillage, 
the devastation of fields, and the removal of the rural po))ulation 
from their homes to suffer jirivation iind disease in the overcrowded 
and ill-su])])lie(l garrison towns. 'Hie latter aspect of this cam- 
paign of devastation has especially attracted the attention of this 
government, ina>much as several hundreds of American citizens 
among the thousands of concentrados of the central and eastern 
j)rovinces of Cuba were ascertained to be destitute of/the necessaries 
of life to a degn>e demanding immediate relief through the agencies 
of the United States, to save them from death l)v sheer starvation 
.111(1 from the ravages of j^'stilence. From all parts of the j)roductive 
/uu<'> of the island, where the enterprise and capital of Americana 



§908.] CUBA. 131 

iiave established mills and farms worked in large part by citizens of 
the United States, comes the same story of interference with the 
operations of tillage and manufacture, dne to the systematic en- 
forcement of a policy aptly described in General Weyler's bando of 
May 27 last as ' the concentration of the inhabitants of the rural 
country and the destruction of resources in all places where the 
instructions given are not carried into etfect.' Meanwhile the bur- 
den of contribution remains, arrears of taxation necessarily keep 
pace with the deprivations of the means of paying taxes, to say 
nothing of the destruction of the ordinary means of livelihood, and 
the relief held out by another bando of the same date is illusory, for 
the resumption of industrial pursuits in limited areas is made con- 
ditional upon the payment of all arrears of taxation and the main- 
tenance of a protecting garrison. Such relief can not obviously reach 
the numerous class of concentrados, the women and children deported 
froui their ruined homes and desolated farms to the garrison towns. 

" P'or the larger industrial ventures, capital may find its remedy, 
sooner or later, at the bar of international justice, but for the labor 
dejx'udent upon the slow rehabilitation of capital there appears to be 
intended only the doom of privation and distress. 

"Against these ])hases of the conflict, against this deliberate inflic- 
tion of suffering on innocent iHmcombatants, against such resort to 
instrumentalities condemned by the voice of humane civilization, 
against the cruel employment of fire and famine to accomplish by 
uncertain indirection what the military arm seems powerless to 
directly accomplish, the President is constrained to protest, in the 
name of the American peo})le and in the name of common humanity. 
The inclusion of a thousand or more of our own citizens among the 
victims of this ])olicy, tlie wanton destruction of the legitimate invest- 
ments of Americans to the amount of millions of dollars, and the 
stoppage of aveinies of normal trade — all these give the President the 
right of s])ecific renumstrance; but in the just fulfillment of his 
duty he can not limit himself to these formal grounds of complaint. 
lie is bound by the higher obligations of his representative office to 
protest against the uncivilized and inhumane conduct of the cam- 
paign in the island of Cuba. lie conceives that he has a right to 
demand that a war, conducted almost within sight of our shores 
i'ud grievously affecting American citizens and their interests 
throughout the length and breadth of the land, shall at least be con- 
ducted according to the military codes of civilization. 

"It is the President's h()i)e that this earnest representation will be 
received in the same kindly si)irit in which it is intended. The his- 
tory of the i-ecent thirteen years of Avarfare in Cuba, divided bct\ve(Mi 
two i)i-()triicted periods of strife, has shown the desire of the United 
States that the contest be conducted and ended in ways alike honor- 



132 INTERVENTION. [§ »08. 

al)l(' lo l)()th parlies aiul promising a stable settlement. If the 
friendly attitude of this <r<)Vernment and its difficult observance of 
the dictates of neutrality is to Ix'ar fruit, it can only b{^ Avhen sup- 
plemented by Spain's own conduct of the war in a manner responsive 
to the j)recei)ts of ordinary humanity and calculated to invite as well 
the expectant forlx'arance of this (iovernment as the confidence of 
the Cuban people in the beneficence of Spanish control." 

Mr. Slieruian, Sec. of State, to Senor Don Enri(iue Dupuy tie Lomo. Spanish 
niin., No. 201), June 2(5, 18i)7, For. Ilel. 1807, 507 ; MS. Notes to Si)aiu, 
XI. 3U7. 

August (■>. 18V)7, the consul of the United States at Santiago de 
Cuba re})()rted that he had I'eceived a re(iuest from 

Eegistration of ^j^^. militarv governor of the i)rovince asking for a 
property. . « ' . . . 

list of all American property within that zone. The 

consul furnished a list containing the names of all Americans regis- 
tered at the consulate whose houses were or had lately been within 
the zone in question, but stated that owing to the absence of any 
register at the consulate the subject was beset with difficulties, and 
that very few American citizens had left any list of their property 
at the consulate." 

With reference to this correspondence the Department of State 
instructed the consul-general of the United States as follows: "In 
the absence of any i)rovision of United States law or treaty retpiir- 
ing the consular registration of American property in Spanish juris- 
diction, the furnishing of lists based upon information voluntarily 
su|)plied 1)V our citizens to our consuls in Cuba can not be sutlered to 
l)rejudice in any way the rights of any other American property hold- 
ers whose names may not so apjX'ar. Their rights under treaty and 
under j)ublic law are inherent in their national character and can 
not be impaired by any arbitrary foiniality of registration j)rescribed 
by local authority. The principle is much the same as in regard to 
the attempt last year to debar unregistered American citizens from 
their lawfid rights. (See Foreign Relations, lSt)(), pp. GSO-C.S^.) 
This government is disj)osed to facilitate any reasonable resort to 
registration as a convenient means of announcing and making pat- 
ent tlie i-ighls of our citizens in case of need, but it can not admit 
that omission of a formality not retpiii-ed by our treaty or our laws 
can impair the nnitual relation of allegiance and ])rotection between 
the government of the United States and its citizens in a foreign 
land."'- 

oFor. Ilol. 1S1I7. .".27. 

6 Mr. ('ri<ller. 'I'liinl Assistant S<Hn'tiiry of State, to Mr, I^'e, consul-general 
at Havana, August 24, 1807, For. Uel. 1S'.)7. .j20. 



§ ^OS.] CUBA. 183 

A copy of this correspondonco Avas sent to the minister of the 
United States at ^Madrid as setting forth the position of the United 
States on the subject." 

"The most important problem with which this government is 

now called upon to deal pertaininp- to its foreimi re- 
President McKin- 1 ,. -4^ 1 ^ / 1 ^. • 1 ., ^ , 
ley's annual hitions concerns its duty toward Spam and the Cuban 

message, Dec. 6, insurrection. I*roblems and conditions more or less 
in common with those now existing have confronted 
this government at various times in the past. The story of Cuba 
for many years has been one of unrest ; growing discontent : an effort 
toward a larger enjoyment of liberty and self-control ; of organized 
resistance to the mother country; of depression after distress and 
warfare and of ineffectual settlement to be followed by renewed 
revolt. P\)r no enduring period since the enfranchisement of the 
continental possessions of Spain in the western continent has the 
condition of Cuba or the policy of Spain toward Cuba not caused 
concern to the, United States. 

" The prospect from time to time that the weakness of Spain's hold 
upon the island and the political vicissitudes and embarrassments 
of the home government might lead to the transfer of Cuba to a con- 
tinental power called forth, between 1823 and IStiO, various emphatic 
declarations of the policy of the United States to permit no disturb- 
ance of Cuba's connection with Spain unless in the direction of inde- 
pendence or acquisition by us through purchase; nor has there been 
any change of this declared policy since upon the part of the Gov- 
ernment. 

" The revolution which began in 1808 lasted for ten years despite 
the strenuous efforts of the successive peninsular governments to sup- 
press it. Then as now tli£ government of the United States testified 
its grave concern and offered its aid to put an end to bloodshed in 
Cuba. The overtures made by General Grant were refused and the 
Avar dragged on, entailing great loss of life and treasure and in- 
creased injury to American interests besides throwing enhanced 
burdens of neutrality upon this government. In 1878 peace Avas 
brought ai)out by the truce of Zanjon, obtained by negotiations be- 
tAveen the S])anish commander, Martinez de Campos, and the insur- 
gent leaders. 

" The present insurrection broke out in Februar5% 1895. It is not 
my purpose at this time to recall its remarkable increase or to char- 
acterize its tenacious resistance against the enormous forces massed 
against it by Spain. The rcA'olt and the efforts to subdue it carried 
destruction to CA^ery quarter of the island, dcA^eloping Avide propor- 
tions and defying the efforts of Spain for its suppression. The 



« Mr. Sliornuni. See. of State, to Mr. Woodford, min. to Spain. .Xufiiist 28, 1897, 
For. Kel. 1S!>7, 527. 



184 IXTKRVF.XTION. \^^0^ 

civilizod cotli' of war has Ih'cu disif^ai-dcil. no loss so l)y the Span- 
i:ii(l> than by tho Cubans. 

•• 'rhf existing conditions can not hut fill this govornniont and the 
Aiiicrican jn'oplo with the gravest apprehension. There is no (U»sire 
on the i)art of oui- jteople to profit by the misfortunes of Sj)ain. We 
have only the desire to see the Cubans prosperous and contented, 
enjoying that measure of self-control which is the inaliemd)le right 
of man. jirotected in their i"ight to reap the benefit of the exhaustless 
trea>ures <»f their country. 

" The otl'er made by my predecessor in April, 1S9('), tenderinp the 
friendly oHices of this government failed. Any mediation on our 
part was not accepted. In brief the answer read: 'There is no 
etfectual way to pacify Cuba mdess it begins with the actual sul)niis- 
sion of the relnds to the mother country.' Then only could Spain act 
in the i)romised direction, of lu'r own motion and after her own plans, 

" The cruel policy of concentration was initiated February 10. lst)(>, 
Tlu' i)roductive districts controlled by the vSpanish armies were de- 
populated. The agricultural inhabitants were herde<l*in and about 
the garrixin towns, their lands laid waste and their dwellings de- 
stroyed. This j)olicy the late cabinet of Spain justified as a neces- 
sary measure of war and as a means of cutting off sup})lies from the 
insingents. It has utterly failed as a war measure. It was not 
civiliy.ed warfare. It was extermination. 

"Against this abuse of the I'ights of war T have felt constrained on 
repeated occasions to enter the firm and earnest protest of this gov- 
ci'nment. Tlu're was nnich of i)ui>lic condenniation of the treatment 
of Anu-rican citizens by alleged illegal arrests and long imprisonment 
awaiting trial or ix-nding protracted judicial proceedings. I felt it 
my \\v>{ duty to make instant demand for the release or speedy trial 
of all American citizens under arrest. liefore the change of the 
Spanish cabini-t in October last twenty-two prisoners, citizens of the 
I'niti'd States, had Ihh'U given their freedom. 

•• Vnv the relief of our own citizens sutiV'ring lMH'aus<> of the conflict 
the aid of Congre>s was sought in a special message, and under the 
;!p|)r(>priation of .\.|)ril 4. IMiT, etlective aid has Ikhmi given to Ameri- 
can citizens in Cul)a. many of them at their own i;e<iuest having been 
letuiiied to the I'nited States. 

" riw in>truction> given to our new minister to S|)ain before hi-^ 
de|)artui-e for hi- |»o>t directecl him to impress upon that government 
the -inccre wi-h of tjie I'nited States to lend its aid toward the ending 
(»f the w;ir in Cul»a by reaching a peaceful and lasting result, just 
and honorai)le alike to Spain and to the Cuban people. 44ie>e in- 
struct ion> recitetl the character and duration of the contest, the wide- 
spread losses it entails, the burdens and restraints it imposes ni)on us. 
with constant disturbance of national interer^ts. and the injury re- 



§008.1 CUBA. 135 

suiting from an indefinite continuance of this state of things. It 
Avas stated that at this juncture our government was constrained to 
seriously in(;[uire if the time was not ripe when Spain of her own 
volition, moved by her own interests and every sentiment of humanity, 
should put a stop to this destructive war and make proposals of set- 
tlement honorable to herself and just to her Cuban colony. It was 
urged that as a neighboring nation, with large interests in Cuba, we 
could be required to wait oidy a reasonable time for the mother 
country to establish its authority and restore peace and order within 
the borders of the island ; that we could not contemplate an indefinite 
period for the accomplishment of this result. 

'• Xo solution was proposed to which the slightest idea of humilia- 
tion to Spain could attach, and indeed precise proposals were with- 
held to avoid embarrassment to that government. All that was 
asked or expected was that some safe way might be speedily provided 
and permanent peace restored. It so chanced that the consideration 
of this offer, addressed to the same Spanish administration which 
had declined the tenders of my predecessor and which for more than 
two years had poured men and treasure into Cuba in the fruitless 
effort to suppress the revolt, fell to others. Between the departure of 
General Woodford, the new envoy, and his arrival in Spain, the 
statesman who had shaped the policy of his country fell by the hand 
of an assassin, and although the cabinet of the late premier still held 
office and received from our envoy the proposals he bore, that cabinet 
gave place within a few days thereafter to a new administration, 
under the leadership of Sagasta. 

" The reply to our jiote was received on the 23d day of October. 
It is in the direction of a better understanding. It appreciates the 
friendly purposes of this government. It admits that our country is 
deeply affected by the war in Cuba and that its desires for peace 
are just. It declares that the present Spanish government is bound 
by every consideration to a change of policy that should satisfy the 
United States and pacify Cuba within a reasonable time. To this 
end S])ain has decided to put into effect the political reforms hereto- 
fore advocated by the present premier, without halting for any con- 
sideration in the path which in its judgment leads to peace. The 
military operations, it is said, will continue but will be humane and 
conducted with all regard for private rights, being accompanied by 
political action leading to the autonomy of Cuba while guarding 
Si)anish sovereignty. Tliis. it is claimed, will result in investing 
Cuba with a distinct ])ersonality ; the island to be governed by an 
executive and by a local council or cliamber, reserving to Spain the 
control of the foreign relations, the army and navy and the judicial 
administration. To accomplish this the present government proposes 
to modify existing legislation by decree, leaving the Spanish Cortes, 



l'M\ INTERVENTION. [§ ^^8- 

with (he aid of Cuban senators and deputies, to solve the economic 
proMcni and i)n)perly distril)ute the existing; debt. 

" In the absence of a dechiration of the measures that this govern- 
ment proposes to talvc in carrying out its protl'er of good offices it 
suggests tliat Spain l)e U'ft free to con(hict military operations and 
grant political reforms, while the United States for its part shall 
enforce its neutral obligations and cut otF the assistance which it is 
asstM'ted the insurgents receive from this country. The sui)position 
of an indefinite prolongation of the war is denied. It is asserted 
that the western j)rovinces are already well-nigh reclaimed; that 
the planting of cane and tobacco therein has been resumed, and that 
by force of arms and new and ample reforms very early and com- 
plete pacification is hoped for. 

'• Tl»e innnediate amelioration of existing conditions under the new 
administration of Cui)an affairs is predicted, and therewithal the dis- 
turbance and all occasion for any change of attitude on the part of 
the United States. Discussion of the cpiestion of the international 
duties and resj)onsibilities of the United States as Spain understands 
them is presented, with an ai)parent disposition to charge us with 
failure in this regard. This charge is without any basis in fact. It 
could not have been made if Spain had been cognizant of the constant 
efforts this government has made at the cost of millions and by the 
employment of the administrative machinery of the nation at com- 
mand to perform its full duty according to the law of nations. That 
it has successfully i)revente(l the departure of a single military ex- 
pedition or armed vessel from our shores in violation of our laws 
would seem to be a sufficient answer, lint of this aspect of the Span- 
ish note it is not necessary to sjx'ak further now. F'irm in the con- 
viction of a wholly performed obligation, due response to this charge 
has been made in diplomatic course. 

" Throughout all these horrors and dangers to our own peace this 
goveinment has never in any way al)rogated its sovereign j^reroga- 
tive of reserving to itself the determination of its policy and course 
according to its own high sense of right and in consonance with the 
dearest interests and convictions of our own people should the pro- 
longation of the strife so demand. 

"Of the untried measure^ then* remain only: Kecognition of the 
insui'genls as belligerents; recognition of the indej>endence of Cuba; 
neutral intervention to end the war by imposing a rational compro- 
mise between the contestants, and intervention in favor of one or 
tiie other i)arty. I s|)eak not of forcil)le annexation, for that can not 
I)e thought of. That by our code of morality would 1k' criminal 
aggression. ..." 



"For oniitlt'd i»iiss:ijr«'. wliidi rcl.iics to (lie (luestion of the recoj?nition of 
Cuhiiii hellijjereiicy, se«' sui»rM. S c,7, I. l<)(;. 



§008.] CUBA. 137 

" I regard the recognition of the helligerencv of the Cuban insur- 
gents as now unwise and therefore ina(hnissible. Shoukl that step 
hereafter be deemed wise as a measure of right and duty the Executive 
will take it. 

'' Intervention upon humanitarian grounds has been frequently sug- 
gested and has not failed to receive niy most anxious and earnest 
consideration. But should such a step bo now taken when it is 
a])i)arent that a hopeful change has supervened in the i)olicy of 
Spain toward Cuba? A new government has taken office in the 
mother country. It is pledged in advance to the declaration that 
all the effort in the world can not suffice to maintain peace in Cuba 
by the bayonet; that vague promises of reform after subjugation 
afford no solution of the insular problem; that with a substitution 
of commanders must come a change of the past system of warfare 
for one in harmony with a new policy which shall no longer aim to 
drive the Cubans to the ' horrible alternative of taking to the thicket 
or succumbing in misery;' that reforms must be instituted in ac- 
cordance with the needs and circumstances of the time, and that 
these reforms, while designed to give full autonomy to the colony 
and to create a virtual entity and self-controlled administration, 
shall yet conserve and affirm the sovereignty of Spain by a just 
distribution of powers and burdens upon a basis of mutual interest 
untainted by methods of selfish expediency. 

'• The first acts of the new government lie in these honorable paths. 
The policy of cruel rapine and extermination that so long shocked 
'he universal sentiment of hunumity has been reversed. Under the 
new military commander a broad clemency is jiroffered. Measures 
have already been set on foot to relieve the horrors of starvation. 
The i)ower of the Spanish armies it is asserted is to be used not to 
spread ruin and desolation but to protect the resumption of peaceful 
agricultural pursuits and productive industries. That past methods 
are futile to force a peace by subjugation is freely admitted, and 
that ruin Avithout conciliation must inevitably fail to win for Spain 
the fidelity of a contented dependency. 

" Decn^es in application of the foreshadowed reforms have already 
been j^ronudgated. The full text of thesc^ decrees has not been re- 
ceived, but as furnished in a telegraj)hic. sunnnary from our min- 
ister are: All civil and electoral rights of peninsular Sj^aniards are, 
in virtue of existing constitutional authority, forthwith extended to 
colonial Spaniards. A scheme of autonomy has been j^roclaimed 
by decree, to become etfective ui)on ratification by the Cortes. It 
creates a Cuban parliament which, with the insular executive, can 
consider and vote upon all subjects affecting local order and interests, 
possessing unlimited ]:>owers save as to matters of state, war a-'! 
the navy as to which the governor-general acts by his own autiioriiy 



18S INTERVENTION. [§008. 

as tho (lolo^ato of tlio contral cfovornmont. This parliament roooives 
the oatli of (he <r<>v('nior-<j:(MU'ral to preserve faithfully the liberties 
and j)rivileo:es of the colony, and to it the colonial secretaries are re- 
sj)(>nsil)le. It has the i-i<rht to propose to the central <xovei-ninent. 
thr()u<^h the <rovernor-^eneral, modifications of the national charter 
and to invite new projects of law or executive measures in the interest 
of the colony. 

'■• Besides its local ])owers it is competent, first, to regulate electoral 
reiristration and proc(>dure and ])rescribe the qualifications of elec- 
tors and the manner of e.\ercisin<j suiTra<i:e; second, to ()i"<ranize courts 
of justice with native judges from members of the local bar; third, 
to fi-ame the insular bud<ret both as to expenditures and revenues, 
without limitation of any kind, and to set aj)art the revenues to meet 
the Cuban share of the national l)ud<^et, which latter will be voted 
by the national Cortes with the assistance of (^uban senators and 
deputies: fourth, to initiate or take part in the negotiations of the 
national goveiMunent for commercial treaties which may affect Cuban 
interests: fifth, to acc(»pt or reject connneroial treaties which the 
national government may have concluded without the participation 
of the Cuban government: sixth, to frame the colonial tariff, acting 
in accoi'd with the peninsular government in scheduling articles of 
mutual couunerce between the mother country and the colonies. 
Before introducing or voting uj)on a bill, the Cuban government or 
the chambers will lay the project before the central government and 
hear its o])inion thereon, all the correspondence in such regard being 
made ])ul)lic. Finally, all conflicts of jurisdiction arising between 
the different miuiicipal, provincial and insular assemblies, or between 
the latter and the insular executive jxjwer, and which from their 
nature may not be referable to the central government for decision,- 
shall be submitte<l to the courts. 

" That the government of Sagasta has entered upon a course from 
which recession with honor is impossible can hardly Ih» (piestioned; 
that in the few weeks it has existed it has made earnest of the sin- 
cerity (*f its professions is un(lenial)le. I shall not imj)ugit its sincer- 
ity, nor shoidd im])atience be sutl'ei'ed to embai'rass it in the task it 
has undertaken. Tt is hon<'stly due to Sj)ain and to our fi'ieudly 
relations with Spain that she should l)e given a I'casonable chance 
t<» leali/.e liei" ex|)ectations and to prove the assertcnl eHicacv of tlie 
new oidei- of things to which she stands irrevocal)ly connnitted. She 
has iccalled the commander whose brutal ordei's inflamed the Amer- 
ican mind and >hocke<l the civilized world. She lias modified tlie 
horril)le order of concentration and has undertaken to care for the 
iK'lph'ss and |)ei"mit those who d(>sii'e to resume the cultivation of 
their fields to do so aii<l assures theui of tlie |)rotection of the Spanish 
government in their lawful occupations. She has just released the 



908.] CUBA. 139 



' Competitor ' prisoners heretofore sentenced to death and who have 
been the subject of repeated diplomatic correspondence during both 
this and the preceding administration. 

" Not a single American citizen is now in arrest or confinement in 
Cuba of whom this government has any knowdedgc. The near 
future will demonstrate whether the indispensable condition of a 
righteous peace, just alike to the Cubans and to Sj^ain as well as 
equitable to all our interests so intimately involved in the welfare 
of Cuba, is likely to be attained. If not, the exigency of further 
and other action by the United States will remain to be taken. 
When that time comes that action will be determined in the line of 
indisputable right and duty. It will be faced, without misgiving or 
hesitancy in the light of the obligation this government owes to 
itself, to the people who have confided to it the protection of their 
interests and honor, and to humanity. 

" Sure of the right, keeping free from all offense ourselves, actuated 
oidy by upright and patriotic considerations, moved neither by pas- 
sion nor selfishness, the government will continue its watchful 'care 
over the rights and property of American citizens and will abate none 
of its efforts to bring about by peaceful agencies a peace which shall 
be honorable and enduring. If it shall hereafter appear to be a (hity 
imposed by our obligations to ourselves, to civilization and humanity 
to intervene with force, it shall be without fault on our part and only 
because the necessity for such action will be so clear as to command 
the support and approval of the civilized world.'' 

Presklent McKinley, uiinuiil message, Dec. (5, 1807, For. Rol. 1897, xi. 

'* Before you go to your post it is proper to state to you the Presi- 
dent's views on the relation of your government to 

Instructions to ,i j i. i • 1 • i • " i • /^ i rr^i 

,„ ,, , the contest wtiich is now being waged in C ulia. 1 he 
Gen. Woodford. . . , i i i i 

same occasion requires that you sliould be made ac- 
quainted with the course which has been deemed best for the United 
States to follow under existing conditions. 

" During thirteen years of the. past twenty-nine years the island of 
Cul)a has l)een the scene of grave disorder and sanguinary conflict. 
On two distinct occasions the power and authority of the Sj)anish 
Crown liave been arrayed against a serious and i)ersistent effort of a 
lai'ge ])ro})oi'ti()n of tlie population of the island to achieve independ- 
ence. 

'' The insurrection which began at Vara in October, 18()8, lasted for 
ten years, and ended not so much because of the i)hysical repression 
of the revolt by force of arms as by reason of the exhaustion of tlie 
combatants and the conchision of a truce based u]>on the concession (o 
the Cubans of certain measures of autonomous reform in 1877 and- 



140 TNTERVENTTON. [§008. 

1S7S. Tho ])OiU'o thus l)r()U«rlit !il)<)iit proved unslablo, and, after some 
>i.\(('en years of more or less nnsatisfactory continuance, was broken 
by a renewed manifestation of the deeply rooted aspirations of the 
native Cuban (>UMneuts toward more complete enjoyment of self-ijov- 
ernuuMit. I)eij:innin<2: in Febriuiry. 1895, in an ni)rising^ which, like 
tile previous insurrection of ^'ara, was local and unor<janized, the 
movement raj)idly si)read until, on the "iTth of that month, the supe- 
rior authority of the island deemed it necessary to issue a proclama- 
tion declaring the rich and ])opulous districts about Matanzas and 
Santia'To de Cuba in a 'state of siejjje.' Thereafter, notwithstanding 
the extensive uulitary operati<ms undertaken to crush the revolt, and 
despite the uni)recedented exertions put forth by Spain and the armies 
and treasure poured into the disturbed territory, the conflict extended 
ovei' the <rreater j)art of the island and invaded the western provinces, - 
which the insurrection of Vara had failed to arouse. 

'• For more than two years a wholly unexampled stru^jfjle has raged 
in Cuba between the (lisc<)ntented native population and the mother 
power. Not only has its attendant ruin spread over a larger area 
than in any previous contest, but its effects have been more widely 
felt and the cost of life and treasure to Spain has been far greater. 
The strif(> continues on a footing of nuitual destruction and devasta- 
tion. Day by day the conviction gathers strength that it is visionary 
for Spain to hope tlnit (^iba, even if eventually subjugated by sheer 
exhaustion, can ever bear to her anything like the relation of depend- 
ence and profit she once bore. The ])olicy which obviously attempts 
to make Cuba worthless to the Cubans, should they prevail, must in- 
evitably make the island equally worthless to Spain in the event of 
reconquest, whether it be regained as a subject possession or endowed 
with a reasonable measure of self-administration. 

" The ivcuj)erative jjrocesses, always painfully slow in an exhausted 
connnunity, woidd necessarily be doubly remote in either of the latter 
conting(Micies. foi* in the light of events of the past twenty-nine years 
ca|)ital and industry would shrink fi'om again engaging in costly 
enterprises in a fiehl where neither i)roximate return nor permanent 
s<>curity is to btM»x|H'cted. To fix the truth of this assertion one need 
oidy regard tlie f;;te of the extraordinary efforts to rehabilitate the 
foi-tuues of Cuba that follow(>d the ti'uce of 187S. The capital and 
intelligence cont I'ibuted by citizens of the United States and other 
counti'ies. which at that time j^oured into (^uba seeking to endow the 
island with the marvelous resources of modern invention and ad- 
vanced industrial i)r()cesses. hav(> now become submerged in the com- 
mon ruin. The couunerc(> of Cul)a has dwindled to such uni)r()fitable 
proportions that its ability for s(df-sup|)()rt is questionable even if 
peace was restored to-day. Its cai)acity to yield anything like ade- 



§908.] CUBA. 141 

qiuite return toward the support of the mother countrv. even «j:raiiting 
the disposition to do so, is a matter of the gravest doubt. 

" Weighing all these facts carefully and Avithout prejudice, in the 
judgment of the President the time has come for this Government to 
soberly consider and clearly decide the nature and methods of its duty 
both to its neighbors and itself. 

'* This government has labored and is still laboring under signal 
difficulties in its administration of its neutrality laws. It is cease- 
lessly confronted with (questions affecting the inherent and treaty 
rights of its citizens in Cuba. It beholds the island suffering an 
almost complete j^aralysis of many of its most necessary connnercial 
functions by reason of the impediments imposed and the ruinous in- 
juries wrought by this internecine warfare at its very doors; and 
above all, it is naturally and rightfully apprehensive lest some un- 
toward incident may abruptly supervene to inflame mutual j)assions 
beyond control and thus raise issues which, however deplorable, can 
not be avoided. 

,'• In short, it may not be reasonably asked or expected that a policy 
of mere inaction can be safely prolonged. There is no longer ques- 
tion that the sentiment of the American people strongly demands 
that if the attitude of neutrality is to be maintained toward these 
combatants it must be a genuine neutrality as between combatants, 
fully recognized as such in fact as well as in name. The j^roblem of 
recognition of belligerency has been often presented, but never per- 
haps more explicitly than now. Both Houses of Congress, nearly 
a year ago, ado})ted by an almost unanimous vote a concurrent reso- 
lution recognizing belligerency in Cuba, and latterly the Senate, 1)V 
a large majority, has voted a joint resolution of like purport, Avhich 
is now pending in the House of Representatives. 

"At this juncture our government nnist seriously inquire whether 
the time has not arrived when Spain, of her own volition, moved by 
her own interests and by every paramount sentiment of humanity, 
will put a sto]) to this destructive war and make pr()j)osals of settle- 
ment honorable to herself and just to her Cul^an colony and to man- 
kind. The United States stands ready to assist her and tender good 
ofHces to that end. 

" It should by no means be forgotten that besides and beyond the 
question of recognition of belligerency, with its usual ])i-oclanuiti()n 
of neutrality and its concession of e(iual rights and impartial impo- 
sition of identical disabilities in re>pe('t to the contending parties 
within our nnniicipal jurisdiction, there lies the larger ulterior prob- 
lem of intervention, which the President does not now discuss. It 
is with no unfriendly intent that this sul)ject has been mentioned, 
but simply to show that this government does not and can not ignore 
the possibilities of duty hidden in the future, nor be unprepared to 



142 1 N T KM V K N T 1 () N . [ § 908. 

lac*' an «'iiu'i<r(Micv which may at any time he horn of tlio unhappy 
contest in Ctiha. The extraordinary, hocause direct and not merely 
theoretical or sentimental, interest of the Tiiited States in the Cuban 
situation can not he it^nored, and if forced the issue nnist be met 
honestly and fearlessly, in conformity with our national life and 
character. Not oidy are our citizens largely concerned in the owner- 
shij) of property and in the industrial and commercial ventures which 
have been set on foot in Cuba throufrh our enterprisin<r initiative and 
sustained by their capital, but the chronic condition of trouble and 
violent deranirement in that island constantly causes disturbance in 
the social and political condition of our own ])eople. It keej)s up a 
continuous irritatit)n within our own borders, injuriously affects the 
normal functions of business, and tends to delay the condition of 
j)ros})erity to which this countiy is entitled. 

*• No exce])ti{)n can be taken to the freneral proposition that a neigh- 
borin<j: nation, however deej)ly disturbed and injured by the exist- 
ence of a devastatiuij internal conflict at its doors, niay lx» con- 
strained, on <i:rounds of international comity, to disregard its endan- 
<rered interests and remain a passive spectator of the contest for a rea- 
sonable time while the titular authority is repressing the disorder. 
The essence of this moral obligation lies in the reasonableness of the 
delay invited by circumstances and by the effort of the territorial 
authority to assert its claimed rights. The onlooking nation need 
only wait 'a I'casonable time" before alleging and acting upon the 
rights which it. too. possesses. This proposition is not a legal 
subtlety, but a broad principle of international comity and law. 

•' The question arises, then, whether Spain has not already had a 
reasonable time to restore peace and Ix'en unable to do so, even by a 
concenti'ation of hei- resources and measures of unparalleled severity 
which have received very general condemnation. The methods 
which Spain has adopted to wage the fight give no prospect of innne- 
diate peace or of a stable ivturn to the conditions of i)rosi>erity which 
are essential to ('ul)a in its intercourse with its neighbors. Spain's 
inability entails uj)<)n the I'nited States a degree of injury and suf- 
fering which can not longei- be ignored. Assuredly Spain can not 
expect this government to sit idle, letting vast interests suffer, our 
political elements distui-bed. and the country perpetually embroiled, 
while no j)r()gress is being nuide in the settlement of the Cuban prob- 
lem. Such a j)olicv of inaction would in reality prove of no benefit 
to Sj)aiii. while certain to do the Cnited States incalculable harm. 
Tliis government, strong in its sense of right and duty, yet keenly 
symj)athetic with the aspirations of any neighboring conuuunity in 
close touch with our own civilization, is naturally desii-oiis to a\oid. 
in all rational way>. the piccipitation of a result which would be 
])ainfully abhorrent to the American peo[)le. 



§908.] CUBA. 143 

'' For all of the reasons hot'ore stated the President feels it his duty 
to make the stron<^est ])ossible effort to help bring about a result 
which shall be in conformity alike with the feelings of our people, the 
inherent rights of civilized man, and be of advantage both to Cuba 
and to Spain. Difficult as the task nuiy seem now, it is'i)elieved that 
frankness, earnestness, perseverance, and a fair regard for the rights 
of others will eventually solve the problem. 

" It should be borne in mind from the start that it is far removed 
from the feelings of the American people and the mind of the Presi- 
dent to propose any solution to which the slightest idea of humilia- 
tion to Spain could in any way be attached. But no possible inten- 
tion or occasion to Avound the just susceiDtibilities of the Castilian 
nation can be discerned in the altogether friendly suggestion that the 
good offices of the United States may now be lent to the advantage 
of Spain. 

" You are hereby instructed to bring these considerations as 
l^romptly hh possible, but with due alloAvance for favorable conditions, 
to the attention of the government of Tier Majesty the Queen Regent, 
with all the impressiveness which their importance demands, and 
with all the earnestness which the constantly imperiled national 
interests of the United States justifies. You will emphasize the self- 
restraint which this government has hitherto ol)served until endur- 
ance has ceased to be tolerable or even possiljle for any longer 
indefinite term. Yon will lay especial stress on the nnselfish friendli- 
ness of our desires, and upon the high purpose and sincere wish of 
the United States to give its aid onl}^ in order that a i)eaceful and 
enduring result may l)e reached, just and honorable alike to Spain 
and to the Cuban people, and only so far as such aid may accom- 
plish the wished-for ends. In so doing, you will not disguise the 
gravity of the situation, nor conceal the President's conviction that, 
should his present eifort be fruitless, his duty to his countrymen will 
necessitate an early decision as to the course of action Avhich the time 
and the transcendent emergency may demand. 

"As to the manner in which the assistance of the United States can 
be elTectively rendered in the Cuban situation, the President has no 
desire to embarrass the government of Spain by formulating precise 
proposals. All that is asked or expected is that some safe way may 
be provided for action which the United States may undertalve with 
justice and self-resi)ect, and that the settlement shall be a lasting one, 
honorable and advantageous to Spain and to Cuba and equitable to 
the United States. 

'' I'or the accomplishment of this end, now and in the future, our 
g()\erumeut otl'ei's its most kindly offices through yourself.*" 

Mr. Sliorniaii. S(>c. of St.-itc. to Mr. Woodford, uiiu. to Sp;iiii. Julv u;. IN'JT, 
For Kel. l«i)8, ^m. 



144 INTKKVENTIOM. [§ i>08. 

Mr. WtwKlford ]in'si'iit«'(l liis civdontials to tlio Qiiwii Kt'geut Monday. 
Sept. l-"«. 1N!»T. (For. lU'l. ISDS. Tiin.) 

In :in interview with the Duke of Totimn, niinistor of foivij^n affairs. 
Sept. IS, 1,S!)7, Mr. Woodford road the forej;oinj? instruction, oniitliny 
()nly tile lirst parauraiili. tlie first two sentences of tiie teiitii para- 
trrai'tli (" It sliould — in C'ul)a"), and the clause "hut witli due allow- 
anc»' for favoralile conditions " in tlie first .sentence of tlie third 
paragraph from the end. (For. Ilel. 1S08, ;">(»(;.) » 

Tlie suhstance of the instruction, includiniLj the tender of good otlices, was 
also officially coniniunicated hy Mr. Womlford to the Duke of Tetuau 
in a note of Sept. 23. 1S07. (For. Rel. 1S98. r.(W.) 

Wednesday, Seitt. S, 1S!>7, Mr. Woodford had *' a full and frank conversa- 
tion " with Sir II. Druinniond Wolff. Hritish anihassador at Madrid, 
concerning the iM)licy of the United States toward Cuha, and author- 
i/,«'d hiiii to reiK)rt the suhstance of it to his government. (For. Kel. 

]s;)s, -iC>2, n(;r>.) 

Thursday. Sept. :W», 1807, Mr. Woodford had at his own office a similar 
conversation with Mr. Schevitch, the Russian umhassador; on Oct. 
.*>, with Ilerr von Radowitz, the (Jerman anihassador. and on Oct. 11 
with the Maniuis de Reversezux, French ambassador. (For. Rel. 1898. 
r)7."{, r»7<!. ) See Mr. Sherman, Sec. of State, to Mr. Hay, min. to 
England. Nos. 112 and 115, June 30 and July 2. 1897, MS. Inst. Gr. 
Rr. XXXII. 1."., l.-,9. 

AVediiesday, Sept. 20. 1897, the Spanish mini.strv resigned. On 
the 4th of October a new ministry was formed, with 

Change of Span- . <? i " 

ish ministry, Sefior Sapista as president ot tlie council, Senor (ful- 

^®^" Ion as minister of state, and Sei'ior Moret as minister 

of (he colonies. 

*'• E.\(ki,li:n(y : My ^vorthy predecessor, the Duke of Tetuan, had 
the honor to receive, in rejrnlar course, the courteous and studied not^i 
which your excellency was pleased to address to him on the iJ8d of 
Se|)teml)er last: hut the <rovernment, Avhich has htit now obtained 
(he confidence of the Crown, bein"' ol)lifjed to devote its initial labors 
to Pleasures of interiuil concern which are demanded by every politi- 
cal cliaM«re. took a «i:einiine and thou«rhtful interest in havinof its first 
acts and its conduct clearly demonstrate that it was adoptin*; with 
sincerity a new course, and a minute study of the matters in order to 
nc(|uirc an exact knowle(l<xe of them all beinjj necessary, lias i)erha|)S 
delaye(l more than it would have wished the reply to the aforesaid 
note. ()iir desire to proceed with loyalty and frankness in our rela- 
tions with the <xovernmeut which your excell(>ncy so worthily repre- 
s<*nts at this court, and the ol)li«ration to respond to the stMitiments 
which yoiu" excellency is pleased to express, require that this prelimi- 
nary explanation b«' made, to the end of removinjj^ any imputation of 
doui)ts and vacillations on the part of on(^ who. by reason of havinfj 
attained to jiower with a defined pro<rramine. considers his honor 
'npi<red to it< immediate realization without casuistic distinctions or 
luuiecessarv delavs. 



§908.] CUBA. 145 

"Gratifying and pleasing have been at all times for the govern- 
ment of His Majesty the exjiressions of good feeling put forth by 
that of the United States, and the assurances that it proposes to main- 
tain with that of Spain the peace and friendship which have tradi- 
tionally united the two nations; but still greater satisfaction is 
caused to the mind of this government by the marked insistence 
VN-herewith your excellency declares in yonr aforesaid note of the 23d 
of September that it is the most earnest desire of the President of 
the United States that this friendship be conserved and increased 
upon foundations of concord and reciprocal confidence. 

" So positive and so reiterated an asseveration not only would ex- 
tenuate in the present case a warmth of style which fortunately does 
not exist in the note to which I am replying, but would serve to 
explain whatever omissions or confusion of ideas might arise from 
the elevated aim of speedily attaining ends which are deemed to be 
lunnanitarian, or from the natural and ardent defense of obligations 
and interests which are regarded as sacred. 

"These circumstances enable us to discern in the note of the 23d of 
September an earnest desire for the termination of the Cuban insur- 
rection, and they remove from the words in which this laudable wish 
is expressed Avhatever minatory character might be attached to them 
upon the first impression by anyone who did not dwell upon and 
attach due weight to those words, in view of the cordial and eloquent 
declarations with which the note begins and ends. These declara- 
tions, moreover, allow the Spanish government, persuaded of the 
good faith and importance thereof, to respond Avith the same frank- 
ness to all the statements of the note without its declarations being 
restricted by the consciousness and conviction of rights which no 
one disputes, or by the ^ipprehension lest historical and established 
facts, or fundamental principles Avhich have always been maintained, 
and which are likewise still undisputed, might be thereby obscured. 

" Starting from these acceptable premises, the ])resent government 
of His Majesty sees no obstacle to examining the measures most con- 
ducive to bringing about the termination of a struggle which, while 
it is more painful and costly to Spain than to any other state, also 
concerns and in indirect ways injures the American nation, both by 
reason of having so close at hand the calamities inseparable from 
every civil war and because of the losses necessarily caused to its com- 
merce, to its industries, and to the })roperty of its citizens by a contest 
of this character, if it should be maintained for an indefinite time and 
with its past characteristics; for, in view of the manifold associations 
and various ties of modern peoples, it is hardly possible to conceive 
that lasting disturbance can exist in one of them without affecting 
the neighboring nations and justifying all of these in cherishing tlie 
H. Doc. 551— vol G 10 



146 INTERVENTION. [§^08. 

desire for peace and proHerin*; friendly councils, but never inter- 
ference or intrusion. 

"The present <rovernnient of His Majesty is now most advan- 
tageously situated for investi*ratin<^ the points referred to and for 
securing the pacification of Cuba on the proper basis, since its own 
character, the antecedents of those who compose it, and the public 
and solemn i)romises which in the past and of its own sole initiative it 
has made to the representatives of the country involve, in the 
colonial policy of Spain and in the manner of conducting the war, a 
total change of immense scope, which nuist exercise considerable 
influence upon the moral and material situation of the Greater 
Antilla. 

''The government of His Majesty, by reason of its firmly rooted 
convictions, in order to subserve the peninsular interests equally with 
those of the Antillas, and holding the resolute purpose to draw closer 
with ties of true affection the indissoluble bonds which unite the 
mother country with its cherished j)rovinces beyond the seas, is deter- 
mined to put into immediate practice the j)olitical system which the 
present president of the council of ministers announced to the nation 
in his numifesto of the *24th of June of this year. The acts accom- 
plished by the present government, notwithstanding the short time 
which has elapsed since its elevation to power, are a secure guaranty 
that not for anyone nor for anything will it halt in the ])ath which it 
has traced, and which, in its best judgment, is that which will bring 
us to the longed-for peace. 

" To military operati(ms, uninterrupted for a single day and as 
energetic and active as circumstances demand, but ever humanitarian 
and careful to n^|K'ct all j)rivate rights as far as may Ik' iHJSsible^ 
must be joined political action honestly leading to the autonomy of 
the colony in sucli a manner that upon the full guaranty of the im- 
nuitable Spanish sovereignty shall arise the new j)ersonality which 
is to govern itself in all affairs i)eculiar to itself by means of an exec- 
utiv«> organization an<l the insular council or chamber. This pro- 
grannne. which constitutes true self-govermuent, will give to the 
Cubans thcii- own local government, w jierebv they shall be at one and 
the same time the initiators and regidators of their own life, but al- 
ways forming ])ai-t of the integral nationality of Spain. In this way 
the island of Cuba will form a personality with its own peculiar func- 
tions and j)owers (atril)uciones) and the mother country, moving in 
the sphere of action which is exclusively its own. will take charge of 
those matters — such as foreign relations, the army, the navy, and the 
administration of justice— which involve national requirements or 
needs. 

" In order to realize this j)lan, which it advocates as a solemn polit- 
ical engagement voluntarily assumed while its members were in oppo- 



§ 908.] CUBA. 147 

sition, the government of His Majesty proposes to modify existing 
legislation so far as necessary, doing so in the form of decrees to 
admit of its more speedy application, and leaving for the Cortes of 
the Kingdom, with the cooperation of the senators and deputies of the 
Antillas, the solution of the economical problem and a patriotic and 
fair apportionment of the payment of the debt. 

" Thus broadly outlined. Your Excellency, these are the measures, 
honorable to the Peninsula and just to Cuba, which the government 
of Spain of its own volition and actuated only by patriotic aims and 
^levated humanitarian feelings proposes to make use of henceforth in 
order to put an end to the Cuban insurrection, assembling beneath the 
Spanish standard all the prominent men of the countr}', without dis- 
tinction of origin or conduct, in order to oppose them to those pro- 
fessional agitators by nature and habit, who subsist only hy strife and 
have no other object than rapine, destruction, and disorder. Military 
severity toward these destructive men will within a brief time prove 
the more advantageous and effective, since in the task to be performed 
by it will cooperate, of their own impulse, all those islanders who 
henceforth, feeling that they are the masters of their destinies, will 
find it to their own interest and advantage to put an end to ruinous 
and already unendurable excesses. 

" The formula for so auspicious a change will be hencefortli peace, 
with liberty and local self-government, while the mother country 
will not fail to lend at the proper time the moral and material means 
in aid of the Antillean provinces, but will cooperate, on the contrary, 
toward the reestablishment of property, developing the inexhaustible 
sources of wealth in the island, and devoting itself especially to the 
promotion of public works and material interests, which, when peace 
shall have V)een assured, will rapidly increase, as was the case after 
the last war. 

" Having thus set forth the conciliatory, humane, and liberal pur- 
poses of the government of His Majesty, in deference to the legiti- 
mate and justifiable interest which the Cuban insurrection awakens 
on the part of the people and government of the United States, I 
have now to consider certain of the statements contained in your 
note of the 23d September last. 

" Your excellency is pleased to state therein that the President of 
the United States feels it his duty to make the strongest possible 
effort to contribute effectively toward peace, while giving friendly 
assurance that there is nothing further from his mind than the occa- 
sion or intention of wounding the just susceptibilities of Spain, but 
your excellency does not set forth the means of which the President 
might avail himself to attain those ends, neither do you recall the 
fact that on various occasions the government of His Majesty has 
made special mention of several highly important means. It would 



148 INTERVENTION. [§908. 

be desirable to make clear a point of such elementary importance, 
and to state exactly, first of all. the nature of the proffered aid and 
the field wherein it would act. and then to decide as to its greater or 
less efficacy, since oidy by a previous and perfect knowledge thereof 
it- it possible for l)<)th parties to reach a complete agreement. 

'• The Spanish and American governments agreeing in the same 
desire to secure innnediate peace in Cuba, and both being interested 
therein, although in different degrees, the government of His 
Majesty being interested as a sovereign and the United States in the 
character of a friend and neighbor, there will doubtless be found 
suitable bases for a friendly understanding, whereby Spain shall 
continue to put forth armed efforts, at the same time decreeing the 
political concessions which she may deem i)rudent and adequate, 
while the United States exert within their borders the energy and 
vigilance necessary to absolutely jirevent the procurement of the 
resources of which from the beginning the Cuban insurrection has 
availed itself as from an inexhaustible arsenal. 

'"On various occasions the government of His Majesty have found 
themselves obliged to call the attention of the gov^ernment of the 
United States to the manner in which the so-called laws of neutrality 
are fulfilled in the territory of the Union. I)es])ite the express pro- 
visions of those laws and the doctrines maintained by the American 
government in the famous Alabama arbitration with regard to the 
diligence which should be used to avoid whatsoever aggressive act 
against a friendly nation, it is certain that filibustering expeditions 
have set forth and unfortunately continue to set forth from the 
United States, and that, in the sight of all men. there is operating 
in New York an insurrectionary junta which j)ublicly boasts of 
organizing and maintaining armed hostility and constant provoca- 
tion against the Spanish nation. 

'• To effect the disappearance of such a state of things, as is de- 
manded by general international friendship, would be, in the belief 
of the govenmient of His Majesty, the most effectual aid in the 
attainment of peace that the President of the United States could 
render. It would be suflicient. to make such aid effectual, that he 
adopt the j)roce(lure followed in similar cases by such of his illus- 
trious jjredecessors as \'an Hui'en, Tyler, Taylor, Fillmore, and 
Pierce, in the years 1S:5S, KS41. 1.S4J), 18.51. and 1855, and that while 
condemning, by means of an energetic proclamation, those violating 
the Federal laws and aiding the insurrection in Cuba he notify all 
American citizens doing so that they can not henceforth count upon 
the diplomatic protection of the government of AVashington, in 
however grave a situation their wrongful conduct may place them. 
By thus abandoning to their fate those who infringe the fundamental 
statutes of the Union and openly conduct illegal filibustering expedi- 



§ 908.] CUBA. 149 

tions, and by energetically and constantly restraining those who 
convert the P'ederal territory into a field of action for reprehensible 
filibustering schemes, by exacting, lastly, of all superior and sub- 
ordinatie officials the strictest fulfillment of their duties in all that 
relates to the laws of neutrality, the President would do more toward 
peace than is possible by any other means or procedure whatever. 

" If, however, it be alleged that the powers of the Executive are 
limited on this point, we must recall the doctrine advanced by the 
United States before the arbitral tribunal of Geneva, according to 
which ' no nation may, under pretext of inadequate laws, fail in the 
fulfillment of its duties of sovereignty toward another sovereign 
nation.' The United States, moreover, possess in their own history 
the eloquent example they gave to the Xew World when they deemed 
it necessary to provide themselves with more energetic laws whereby 
to furnish new means of preventing the excesses of filibusterism, and 
in a very short time the}^ brought about the passage by the Congress 
of such measures as were deemed necessary to that end, as was the 
case with the act of March 10, 1838, which remained in force for 
two years. 

" It follows, then, from what has been stated that in order to prove 
by acts the warm desire for peace and friendship by which the 
friendly government of the United States is actuated it is very im- 
2)ortant that it should take all necessary measures, with determina- 
tion and persistency proportionate to the vast means at its disposal, 
to prevent the territory of the Union from constituting the center in 
which the plots for the support of the Cuban insurrection are con- 
trived. He who is not disposed to grant the means does not earnestl}' 
desire the end in view ; and in this case the end, to wit, peace, will 
be attained by the United States exerting itself energetically to en- 
force with friendly zeal the letter and spirit of its neutrality laws. 

"According to your excellency's note, the President of the United 
States wishes His Majesty's government either to formulate some 
l)roposition that will enable him to render his friendly offers effectual 
or to give assurance that pacification will speedily l)e secured by the 
efforts of Spain. 

" Your excellency will find in this note a full reply to both alter- 
natives. 

"His Majesty's government, with all respect and with the tradi- 
tional and sincere friendship which it has professed for the gigantic 
country of North America ever since the beginnings of its independ- 
ence, suggests to it that either by the publication of a proclamation 
more energetic than those of Mr. Cleveland, and by which all per- 
sons violating the domestic and international laws prohibiting the 
encouragement of rebellions in friendly countries shall be declared 
outlaws, or by the severe application of the regulations at present 



1 50 INTERVENTION. [§ 908. 

ill force, or, lastly. l)v addint; to them if they are not adequate, it 
shall completely cut otf the suj)port which the Cuban insurrection is 
receiving from the United States, and by showing itself the firm and 
sincere friend of Spain shall annihilate the vain hopes of those who 
are trusting to possible conflicts between two nations which, from 
their history and nuitual advantage, ought to live and wish to live 
in close and warm friendship. 

" Spain has always had the desire and the capacity to maintain 
friendly relations with the United States, even in those times of such 
critical importance to the Union when the United States was com- 
pelled to ap])eal to arms to preserve the Federal bond. It was only 
after the Northern States had declared the blockade of the coasts of 
the South, and when England, France, and Holland, preeminently 
maritime and colonial nations, had decided to recognize the belliger- 
ency of the Confederates, that Spain determined to declare a neu- 
trality which was sincerely friendly to the United States, at the 
same time that she refused to have any intercourse with the rebels, 
and rejected the proposals which they made her repeatedly, and, 
finally, at Cadiz, required the surrender of 42 prisoners whom the 
privateer Sumter had on board, and whom she j^laced at the disposal 
of the American consul. There is no wonder that, in view of such 
conduct, Mr. Perry, the United States representative at Madrid, 
(xpressed to the then ministers of state, Senors Calderon Collantes 
and the Marquis de Miraflores, on various occasions, with delicate 
persistency, as well as in official conferences and communications, 
the gratitude of his government and the satisfaction which it felt 
at the noble conduct of Spain. 

" His Majesty's government, cherishing the same feelings at pres- 
ent, takes pleasure in notifying the United States government that 
the pacification of the western provinces of the island has greatly 
progressed through the valiant efforts of the Spanish arms, and that 
it is confident of (•onq)leting it in a short time, thanks to the ener- 
getic and unceasing efforts of its troops and the beneficial effect of 
the new and ample reforms, which are based upon principles of love, 
of forgiveness of the past, and of pardon to all who seek the protec- 
tion of the historical l)anner of their country, and upon the assurance 
that the island shall henceforth govern itself, and that mutual affec- 
tion shall draw closer the national tie which unites it to its former 
discover<'r. 

'' The problem being solved on these bases and in this manner. His 
Majesty's government has no (loul)t of its ability to maintain a 
friendly understanding with the United States government, and it 
does not hesitate to assert that when the internal system of the island 
of Cuba has Im'cu reorganized u|)on new principles the insurrectionary 
germs which have hitherto, unhappily, undermined it will disappear 



§908.] CUBA. 151 

forever, thereb^v giving such securitv offered to domestic and foreign 
capital seeking advantageous investments in the island as will cause 
an abundant revival of the former wonderful prosperity to which the 
incomparable fertility of its soil entitles it. 

'• It is not necessary to refer to the supposition of a continued pro- 
longation of the struggle, nor to that of a change in the attitude of the 
United States toward the combatants. The first supposition is re- 
futed b}' the overwhelming eloquence of facts known to everybody, 
as even the greatest pessimists must admit that the situation at present 
is very different from what it was when the hosts of ^laceo and Max- 
imo (lomez were overrunning the j^rovinces of Havana and Pinar del 
Rio. The sugar plantations are preparing to plant cane and to grind 
that which has l)een saved from the flames. There is likewise every 
indication of a magnificent tobacco crop, and as soon as the arrival 
of the illustrious General Blanco shall have restored tranquillity to 
the jjublic mind, all men will be convinced that the work which that 
leader is about to perform is for good men a work of peace, liberty, 
autonomy, and clemency, and this conviction will tend to the restora- 
tion of peace, the })ath of which will be smoothed by reason and right. 

''As to the second supposition, to wit, that of imagining a change of 
attitude toward the combatants, it would be so ungrounded, so unjust, 
so unjustifiable, so contrary to the correct procedure of the Washing- 
ton Cabinet under circumstances when discrimination was much more 
difficult, that it must be rejected as utterly improbable. Whatever 
passions may, at a given moment, blind the judgment of a deliberative 
chamber in countries like the United States, where right and justice 
always triumph, the executive power will act as a secure safeguard of 
whose fitness and energy any doubt would be offensive. At a time 
when the insurgents are losing their principal chiefs without repla- 
cing them by others of standing, wdien discouragement pervades their 
ranks, and when they are without any imitation of a constituted gov- 
ernment ' capable of performing the corresponding international 
duties,- a characteristic and exact criterion, according to the illus- 
trious General Grant and his successors, to justify the recognition of 
belligerency, no one should consent, to the neglect of voluntary en- 
gagements or to the destruction of the uniform legal doctrine fol- 
lowed in such notable cases as those of the Congressionalists of Chile 
and the Sudists of Brazil. 

'' In this connection it is timely to remember that the American 
government had to admit, in its note of April 4. lSt)(), that is was im- 
possible to recognize the belligerency of the rebels at that time, al- 
though the insurrection was in a nuich more flourishing condition, 
and that, if Spain were withdrawn from the island of Cuba, the sole 
bond of union between the many heterogeneous elements in the island 
would disappear, which proves the necessity of her presence and the 



152 INTERVENTION. [§908. 

jil)siii(lity of the idea that thorc can ho any other organization in tho 
ishuid possessing tho sittril)iitos of hiwful international personality. 
The insurgents, as has alroady hoon said on another occasion by Ilis 
Majesty's government, havo always been and still are without any 
veal civil govorninent. fixed territory, courts of their own, a regular 
army, coasts, j^orts, navy, everything that the principal American 
writers on international hnv and statesmen require as preliminary to 
the discussion of a recognition of belligerency. The rebel bands 
never fight for honor and victory, nor do they even defend themselves; 
they hide behind the dense thickets of the tropical soil, and sail}' with 
impunity when the situation is temporarily in their favor. Under 
these circumstances it is im})ossible to admit that there can be a 
change in the attitude of the United States toward the combatants in 
Cuba. 

"As His ^lajesty's government has decided, freely and deliberately, 
to establish autonomy in Cuba, there arises by the force of circum- 
stances tiie case foreseen by the eminent Mr. Cleveland in his message 
of December T. ISiX); and, admitting the continuing international ac- 
countability (solidarity) of the governments which succeed each other 
in a cotnitry, it can not l)e doubted that the present most worthy Pres- 
ident will agree with his j)redecessor that no just reason exists for 
conjecturing that the pacification of the island of Cuba will fail to be 
effected uj)()n this basis. The government of His Majesty the King 
of Spain expects with confidence from the rectitude, love of peace, 
and friendship of the President of the United States that he will aid 
it in this noble and himiane undertaking, and that he will exert him- 
self energetically to i)revent the insurrection from receiving from the 
I'nited States the moral and material aid which gives it its only 
strength and without which it would have already been subdued or 
would certainly be subdued very speedily. 

" It is, therefore, above all indispensably necessary that the Presi- 
dent should decide u|)on his course toward Spain so far as regards tho 
Cuban prol)lem, and that he should state clearly whether he is ready 
to j)ut a stoj) absolutely and forever to those filibustering expeditions 
which, by viohiting with tho greatest freedom the laws of friendship, 
injure and dograd<' tho respect which the American government owes 
to itself in the discharge of its international engagements. There 
must be no rej)etition of such lamentable acts as tho last expedition 
of the schooner Silrrr Ibdx, which loft New York in spite of the 
j)revious notification of Ilis Majesty's legation at Washington and 
iK'foro the eyes of the Federal authorities, because it is only thus that 
the peaceful intentions of the United States government will be 
proved and that the friendly understanding to which I have referred 
will be pobbiblc. 



§908.] CUBA. 153 

" With the new policy already inaugurated by His Majesty's gov- 
ernment every pretext for those popular expressions of sympathy 
with the insurrection which have been mentioned as a powerful argu- 
ment in various Presidential messages disappears, as the Cubans will 
find in autonomy the Aery solution recommended as the most expe- 
dient even by the executive authorities of the United States gov- 
ernment. By this 2)olic3' those advances and improvements in the 
situation of the Great Antilla which the Washington Cabinet itself, 
not many months ago, in an official note, declared would be ' most po- 
tential ' for the termination of hostilities, and for bringing about 
a change in the tendencies and feelings, not of the North American 
government, but of the very people of the Ignited States on this sub- 
ject, are also realized by the voluntary initiative of the mother coun- 
try. This change of feeling may and ought to ap})ear in more and 
more friendly acts and conduct which, without any doubt, will be 
received with deep gratitude by the Spanish i)eople and government. 
Tliis, in the oi)inion of the undersigned, is the most adequate way of 
avoiding the dangers to which your excellency alludes in your note 
as the result of a possible arousing of mutual passions, and this is 
likeAvise the best means of attaining that happy harmony which 
will certainly enable the Spanish government to restore perfect 
peace within a short period to the beautiful island of Cuba, for the 
good of Spain, the United States, and humanity in general. 

" Her Majesty's government, now and always faithful to the ties 
of aifection which unite it with the United States, and cherishing, 
moreover, the firm intention of draAving them closer, in reply to the 
courteous AA'ishes expressed by your excellency, AA-ill be most happy 
to have your excellency state AA^hatcA^er you may think proi)er, AAith 
entire liberty, and in the form which you may deem most fitting A\'ith 
regard to the alternatives mentioned, or upon any other points, Avith 
the assurance that your excellency's vicAvs, opinions, or assertions 
will ahvays be heard Avith friendly interest, and Avill be respected so 
far as may be permitted to a goAcrnment by primary and permanent 
duties, the neglect of Avhicli the Madrid cabinet can not inuigine 
that so resi>ect-Avorthy and so friendly a nation as the United States 
Avill adA^ise." 

Sefior (lulloii. minister of state, to Mr. AA'oodfortl. .Viiicricaii iiiin., Oct. 2;i, 
18!t7, For. Rcl. 1S!»S, ,->,S2. 

For tho text of the niaiiifcsto of Sefior Sagasta of .Tiuio 24, 1S07. referred 
to in the foregoing note, see For. Rel. 1S!)S, 502-504. It was not an 
official docunuMit. but the manifesto of the Liberal i)art.v. which was 
then out of power. It iisserted that the Liberal party had sought to 
prevent the Insurrection by reforms, and that when the Insurrection 
broke out the application of reforms should have been hastened. 
" Political action should hav<» constantly accompanied military 
action." 'I'he reforms proposed by the goverumeut were coudemued 



154 INTERVENTION. [§ 908. 

as nepieoting the economic question and possessinj: other defects. 
The conduct of the war was condennied. and it was intimated that 
there sliould l)e a chanfjc in tlie head of the army in Cuha. 

November V\, 1807, Mr. AVoodford telegraphed: "Spanish govern- 
ment have instructed Oeneral Bhmco to conduct war 

Conduct of war; ;„ h,nnane and Christian methods. Concentrado 
autonomy. 

camps are to he broken up, Bhmco will communi- 
cate substance of each bando to Spanish minister at AVashington, who 
will keep you informed. Decrees granting autonomy will be signed 
by the Queen between November 2.) and 25. Official synopsis of 
decrees will be furnished on the day after signature, and I will tele- 
gra[)h same to you.*' 

Mr. Woodford, min. to Spain, to Mr. Sherman. Sec. of State, tel.. Nov. 1.3, 
1807, For. Hel. 18!)S, (>00. 

Nov. 14, Mr. Woodfonl ajiain telej:rai)lied : " Spanisli govermnent lias 
just notifie<l me that bando has l)een sifined by General Blanc"o 
reestal)lisliin« normal life of country i)eople, with necessary precau- 
tions and orfianizinfr i)rotective committees for reconcentrados who 
can not at once obtain jreneral benefits secured to country i)opulation. 
Daily food and medical assistance are also rej^ulated at the charge 
of the State." (For. Uel. 1S!)8. (Mrj.) 

" AA'ithin a few days past I have received the text of Senor Gullon's 
note of Octolx'r 23, as well as the ri'markable and earnest declarations 
of the i)rinciples and purposes of the Liberal party now in power as 
contained in the manifesto issued b}' its honored chief, Senor Sagasta, 
on the 24th of last June, to which Senor (jullon appeals in evidence 
of the consistent and sincere })urpo.se of reform which animates the 
new government of Spain. At the same time the most encouraging 
signs come to me, alike from the Peninsula, from Cuba, and from' 
the honored representative of Spain at this capital, of the singleness 
and earnestness of purj)ose wherewith the home (iovernment and its 
resj)onsible agents in Cuba are laboring to bring about an instant 
change in the order of things in that island which has so long dis- 
tresstvl this government and the generous and sympathetic people 
of the United States. From the giound of abstract policy and 
announced ])r()gramme the declared purposes of the enlightened 
men to whom (he destinies of Sjjain have been confided are passing 
to tlie domain of realization. Therefore, in resj)onding to the Span- 
ish note, it behooves me to regard tin' (jui'stions it involves, not merely 
in the light of assertion and argmnent. but in the presence of attend- 
ant facts, in order that I may render du<' justice to the sentiments and 
course of Spain in this conjuncture. 

'• The re])ly of Senor Gullon deals not directly with my instruction 
to you of the U)th of July last, but with the purport thereof as com- 
municated by you to the late minister of state, the Duke of Tetuan, 



§908.] CUBA. 155 

at San Sebastian, first in oral conference and later by your note of 
September 23, in which you textually embodied the material parts 
of my instruction. That you have well performed your task, that in 
your conferences with the representatives of the Spanish Crown you 
have wisel}^ dwelt upon the truly elevated purposes of friendliness 
toward Spain and the sovereign instincts of hi.manity that prompted 
the utterances of this government, is evident from the frank recep- 
tion accorded to j^our communications, as shown by the reply now 
before me. The President, conscious of the responsible mission 
which a great free people has imposed upon him, and of the moral 
obligations he has assumed before his countrymen and before the 
world to follow only the paths of rectitude and justice in directing 
the relations of our state with its fellows, charges you to reaffirm, 
if need be, on any fitting occasion, his earnest declaration of desire 
for peace and good will between the United States and Spain. 

" It is gratifying to note that the Spanish government appreciates 
at its just value the vital interest this government and people have 
and feel in the prompt cessation of the Cuban struggle which, as his 
excellency observes, although it be for Spain more painful and costly 
than for any other state, is also of importance and prejudicial to 
the American nation alike, because the disasters of such a civil 
strife are so nearly felt and because of the losses occasioned to our 
commerce, our industries, and the property of our citizens by an 
indefinite continuance of a contest of this character. It is to be 
remembered that the instructions under which you acted were penned 
while the destinies of Spain and Cuba were controlled by a govern- 
ment, which, during nearly two years and a half had been engaged 
in the fruitless endeavor to reduce the revolted Cubans to subjection 
by sheer force of arms, not by the legitimate resorts of war as it is 
understood in our day, or indeed b}' the means defined by all pub- 
licists since international law sprang into being, but by methods 
destructive to every rational interest of Spain and Cuba and inju- 
rious to every association that links both to the outside world. Its 
aim appears to be, not the conservation of the fairest dependency of 
Spain under conditions of contentment and prosperity, but to con- 
quer the peace of the desert and the tomb. 

" It behooved me then to rest the case of the United States, not 
alone upon the sentiments of humanity, but upon the material con- 
siderations importing irreinedial)le injfiry to paramount national 
interests, should that disastrous state continue, considerations which 
as history shows have constrained the suffering on-lookers to media- 
tion, and even intervention, when longer forbearance has ceased to be 
a virtue. Our action rested no less upon moral right than upon tlie 
all-controlling sentiment of humanity. Our forbearance was testi- 
fied by thus approaching anew the same Peninsular government 



156 INTERVENTION. [§ 908. 

Avhioli liad ropollod our kiiully overtures in the past. Our repeated 
offer was, indeed, tendered to tliat «rovernnient on the eve of its 
quittintr power, and even then it was fervently hoped that it might 
1k' heeded in the spirit of sineere friendship which prompted it, and 
mi«i:ht trjnn in wei^rht and aceeptahility by the circumstances that 
an added year of war in Cuba liad (U'monstrated tlie futility of the 
policy theretofore decreed by the Si)anish government, and that it 
was proffered by a new Administration which had taken office in 
this country under conditions imposing upon the Executive the 
onerous responsibility of adopting a definite policy toward Spain 
and toward the Cuban war, 

" It is a gratifying augury that the consideration of our fresh pro- 
posals should have fallen to a government which by its lilx^ral ante- 
cedents, its views and convictions in regard to the conduct of the war 
formed while in opj)osition to the late administration, and its uttered 
pledges of amelioration and refoiin in the mutual interest of Cuba 
and of Si)ain, was so well fitted to understand the true motives of our 
conduct and the earnestly impartial friendliness that prompted our 
course. Under such circumstances it was not for a moment appre- 
hended that the just grounds of our representations to S])ain would 
be misconstrued or controverted. The record of the Liberal party 
and the stand taken by its leaders, with the indorsement of its rank 
and file, were an assurance that such would not Ik^ the case. The 
event has justified the accuracy and wisdom of our forecast. 

"This government, on the other hand, appreciates to the full the 
embarrassments which nnist necessarily surround an administration 
new to office, assuming the coni])lex functions of government at an 
hour of grave national peril, inheriting from its predecessor the dis- 
astrous legacy of an internal conflict, the conditions of which had 
Ix^en acerbated by tlu harsh aiul futile conduct of the war hitherto. 
It understands that the reversal of all that has iK'en done is no sudden 
growth, to spring up in a single night ; that the fair structure of a just 
and prosperous peace for Cul)a is to be I'aised with thoughtful care 
and untiring devotion, if Spain is to succeed in the accomplishment 
of the tremendous task upon which she has entered. It comprehends 
that the i)lan, however broadly outlined, must be wrought out in 
progressive detail : that upon assured foundations, upon the rock of 
equity and not upon the shifting sands of selfish interest, must be 
builded, stone by stone, the enduring fabric of regenerated Cuba. It 
sees this broadly outlined [)lan in the declarations of the present 
Spanish note which announces that, in fidfillment of the resolute pur- 
pose to draw closer, with ties of true affection, the bonds which unite 
the motherland with its provinces l)eyond the seas, it is determined to 
put into innnediate practice the political system sketched by the 
present president of the council of ministers in his manifesto of June 



§908.] CUBA. J 57 

24; that this involves joining to military operations, uninterrupted, 
energetic, and active as circumstances may demand, but ever humani- 
tarian and careful to respect all private rights as far as may be pos- 
sible, political action frankly leading to the autonomy of the colony 
in such wise that under the guaranty of Spain shall arise the new 
administrative entity which is to govern itself in. all affairs peculiar 
to itself by means of an insular council and parliament ; that such 
institution of true self-government shall give to the Cubans their ow^n 
local government, whereby they shall be at one and the same time the 
initiators and regulators of their own life while remaining within the 
integral nationality of Spain, and that to realize these ends of peace 
with liberty and self-government the mother country will not fail to 
lend, in due season, the moral and material means in aid of the Antil- 
lean provinces by cooperating toward the reestablishment of prop- 
erty, the development of the island's inexhaustible sources of wealth, 
and by specially promoting public works and material interests which 
shall bring prosperity in the train of restored peace. 

" In taking this advanced position, the government of Spain has 
entered upon a. pathway from which no backward step is possible. Its 
scope and magnitude may not be limited by the necessarily general 
and comprehensive character of the formula whereby it is announced. 
The outcome must be complete and lasting if the effort now put forth 
is to bo crowned with full success, and if the love and veneration of an 
ever-faithful and happy people is to reward the sacrifices and en- 
deavors of Sixain. No less is due to Cuba, no less is possible for Spain 
herself. 

" The first acts of the ncAV government of Spain lie in the laudable 
paths it has laid out for its own guidance. The policy of devastation 
and extermination that has so long shocked the universal sentiment of 
humanity has already been signally reversed, and I am informed by 
the Spanish minister in this capital of the measures proclaimed by the 
new comnumder in chief of the Spanish arnio in Cuba, whereby imme- 
diate relief is to be extended to the unhappy reconcentrados, fresh 
zones of cultivation are to be opened to them, employment upon the 
estates permitted, transportation furnished them, and protective 
boards at once organized for their succor and care. 

" I am likewise advised that by a recent decree of the governor- 
general the resumption of agrictiltural oi)erations and the harvesting 
of crops shall be promoted and efficiently protected by all possible 
means, civil as well as military. I learn that the grinding of cane 
and the renewal of industrial operations in the interior districts is to 
be encouraged, especially in resjx'ct to those impoverished estates 
which, through the destruction of crops, the prohibition of labor, 
the deportation of their tenants, the withdrawal of military prot<'('- 
tion, and the enforced cessation of their revenues, have incurred 



158 INTERVENTION. [§ 908. 

increasing arreai's of taxation. I hear, with profound gratification, 
that the new coninuinder has prott'ered broad amnesty to participants 
in the insurrection, and that the se()i)e of this ck'niency is to be even 
further enhirged to cover thos(» convicted of political offenses. It is 
reported bv you that within a few days the Madrid government will 
promulgate a scheme of home rule for Cuba. Being necessarily in 
ignorance of the details proposed, I await the outcome with encour- 
agement and hope, although, of course, unable to commit this gov- 
ernment in advance to the plan itself, the scope and effects of which 
remain to W. learned. 

" In these things I cheerfully realize that the new government of 
Spain has already given, in the first few weeks of its existence, earnest 
of the sincerity of its professions and evidence of its conviction that 
past methods are and must needs be futile to force a peace by subju- 
gation without concessions adequate to remedy admitted evils, and 
that such methods must inevitably fail to win for Spain the fidelity 
of a contented people. AVith such convictions unhesitatingly ex- 
pressed, and with such a heiculean task before her so humanely and 
so ausj)iciously iK'gun. Spain may reasonably look to the United 
States to maintain an attitude of l)enevolent expectancy until the near 
future shall have shown whether the indisj)ensable condition of a 
righteous j)eace, just alike to the Cubans and to Spain, as well as 
equitable to American interests, so intimately bound np in the wel- 
fare of the island, is realizable. It is the sincere hope and desire of 
the President that such a condition of lasting benefit to all concerned 
may soon be brought about, lie would most gladly share in the 
Ijelief expressed in the Liberal manifesto of June •i4th that the speedy 
and energetic aj)plication of the pi'inciples and governmental meas- 
ures theivin advocated will 1k' powerful to stay the course of the 
evils that have alllicted Spain and to bring her near to the pacifica- 
tion of her colonies. 

" Having made these declarations touching tlie proclaimed policy 
of the Liberal party towai'd Cul)a and the measures already adopted 
and to be forthwith devised to rendei* that policy effective, the minis- 
ter of state takes up that part of your note of SeptemlK?r *2:i which 
states that the President feels it his duty to make the strongest pos- 
sible effort to contribute effectively toward peace, and his excellency 
remarks that your note ujakes no suggestion of the means of Avhich 
the President might avail himself to attain that end. besides noting 
your silence as to the important measures on several occasions indi- 
cated by the Spanish government. Your omission to treat of these 
points is sufticietitly ex|)lained in your concluding statements that 
the President has no desire to embarrass that government by formu- 
lating precise proposals as to the manner in which the assistance of 
the United States can be effectively rendered, and that all that is 



§908.] CUBA. 159 

asked or expected is that some safe way may be provided for action 
which the United States may undertake, with justice and self-respect, 
so that the settlement shall be a lasting one, honorable and advanta- 
geous to Cuba and equitable to the United States, to which ends this 
government offers its most kindly offices. For the realization of this 
friendly offer you invited an early statement of some proposal under 
which this tender of good offices may become effective, or, in lieu 
thereof, satisfactory assurances that peace in Cuba Avill, by the efforts 
of Spain, be promptly securea. 

" The assurances tendered on behalf of the Liberal government of 
Spain lie in the line of this latter alternative. His excellency's note 
is silent as to the manner and form in which the government of the 
United States might exert good offices. His excellency limits himself 
to suggesting coincident but separate action by the two governments, 
each in its domestic sphere, whereby, as he says: 

" ' Spain shall continue to put forth armed efforts, at the same 
time decreeing the political concessions which she may deem prudent 
and adequate, while the United States exerts within its borders the 
energy and vigilance necessary to absolutely prevent the procurement 
of the resources of which from the beginning the Cuban insurrection 
has availed itself as from an inexhaustible arsenal.' 

"And thereupon his excellency i)roceeds to discuss at some length the 
supposed shortcomings of the United States as to the manner of fulfill- 
ing the neutrality laws in the territory of the Union and as to the 
scope and sufficiency of those laws, 

" This labored arraignment could scarcely fail to be received with 
mingled pain and sorrow by a government which, like ours, inspired 
by the highest sense of friendly duty, has for the last two years and 
more endured almost insupportable domestic l)urdens, poured forth 
its treasure by millions, and employed its armed resources for the 
full enforcement of its laws and for the prevention and repression of 
attempted or actual violation thereof by persons within its jurisdic- 
tion. The Spanish rejjly a})pears to be unaware or heedless of the 
magnitude of the task which this government has performed and is 
still performing with the single purpose of doing its whole duty in 
the premises. To give a proof of this I need but cite the work of 
our Xavy toward the enforcement of the municipal obligations of 
neutrality. Since Jnne, 1895, our ships of Avar have without inter- 
mission patrolled the Florida coast. At various times the Raleigh^ 
(Jirwinnati, Amphitrite, Maine, Montgomery, Xeirark, Dolphin, 
Morhleliead, Vesnriuft, Wilmin(/fon, Helena, XashriUe, Annapolis, 
and Detroit have been employed on this service. 

" Starting with one ship having Key West as its headquarters, the 
number on contiinious duty was gradmilly increased to four. Avithout 
counting sulditional service performed as special occasion demanded 



160 INTERVENTION. [§ 908. 

nt other seaboard points. At the present time a vessel with head- 
(|iiarters at Pensaeohi patrols the coast from the northwest as far 
south as Tam|)a. another with headquarters at Key West patrols the 
coast from Tampa around to Miami on the east side, and a third with 
headquarters at Jacksonville patrols the Atlantic coast from Miami 
to Cleorgia. The action of these regularly stationed ships is at all 
times concerted. Their commanders are ordered to communicate 
directly with one another, with the United States district attorneys 
in Florida, with the custom-house officials in that State, and with 
the conunanding officers of the several revenue cutters likewise on 
duty in that quarter. Acting upon the information thus received, 
they take such immediate action as they may deem advisable or nec- 
essary in order to prevent the violation of the neutrality laws. 

'" In addition to this stated detail on the Florida coasts, vessels 
l)elonging to the North Atlantic Station have been sent at different 
times to the various Atlantic i)orts north of (leorgia at the request 
of the Spanish minister and the Department of State or upon receipt 
of information from the Department of Justice or the Treasury 
Department concerning reported filibustering expeditions. Many 
hundreds of official letters and telegrams record the orders given to 
these vessels and the action had by their commanders. It may bo 
asserted, in short, tliat every vessel of the Navy which could prac- 
tically l)e employed in the shallow waters of the Florida coast has 
Ix'en detailed for this work, while for a time two revenue cutters 
were transferred to the Navy Department to assist, besides the effi- 
cient cooperation of the regularly stationed cutters under the orders 
of the Treasury Department. 

'• No less degi-ee of activity has marked the operations of the 
Treasury Department and the Department of Justice. Every means 
at lawful conunand have been employed by them in cooperation to 
enforce the laws of the Ignited States. Alertness in every regard 
has been peremptorily enjoined upon all officials, high and low, and 
has been sedulously practiced by them. 

•• In the bght of these undisj)utable facts, and with this honorable 
recoi'd sjiread before him. the President is constrained to the <'on- 
viction that nothing can be more unwarrantal)le than the im|)utation 
of the government of Spain that this government has in any wise 
failed to faitlifully observe and enforce its duties and obligations as 
a friendly nation. In this relation it may be proj)er, if not indeed 
im|)<'i-ative. to inquire what those obligations are. 

" It is to be borne in mind that Spain insists that a state of war 
does not exist In'tween that government and the people of Cuba; 
that it is engaged in suppressing domestic insurrection that does not 
give it the riglit. which it so strenuously denie,s itself, to insist that 
a third nation shall award to either party to the struggle the rights 



§908.] CUBA. 161 

of a belligerent or exact from either party the obligations attaching 
to a condition of belligerency. It can not be denied that the United 
States government, whenever there has been brought to its attention 
the fact or allegation that a suspected military expedition has been 
set on foot or is about to start from our territories in aid of the 
insurgents, has promptly used its civil, judicial, and naval forces in 
prevention and suppression thereof. So far has this extended and 
so eificient has the United States been in this regard that, acting 
upon information from the Spanish minister or from the various 
agencies in the employ of the Spanish legation, vessels have been 
seized and detained in some instances when investigation showed that 
they were engaged in a wholly innocent and legitimate traffic. By 
using its naval and revenue marine in repeated instances to suppress 
such expeditions, the United States has fulfilled every obligation of 
a friendly nation. Inasmuch as Spain does not concede, and never 
has conceded, that a state of war exists in Cuba, the rights and duties 
of the United States are such as devolve upon a friendly nation 
toward another in the case of an insurrection which does not arise to 
the dignity of recognized war. 

"As you are aware, these duties have been the subject of not infre- 
quent diplomatic discussion between the two governments, and of 
adjudications in the courts of the United States, as well during the 
previous ten j^ears' struggle as in the course of the present conflict. 
The position of the United States was very fully presented by Mr. 
Fish in his note of April 18, 1874, to Admiral Polo de Bernabe. 
(Foreign Relations of the United States, 1875, pp. 1178 et seq.) 

" ' What one power in such case may not knowingly permit to be 
done toward another power, without violating its international duties, 
is defined with sufficient accuracy in the statute of 1818, known as 
the neutrality law of the United States. 

" ' It may not consent to the enlistment within its territorial juris- 
diction of naval and military forces intended for the service of the 
insurrection. 

" ' It may not knowingly permit the fitting out and arming or the 
increasing or augmenting the force of any ship or vessel within its 
territorial jurisdiction, with intent that such ship or vessel shall be 
employed in the service of the insurrection. 

" ' It may not knowingly permit the setting on foot of military 
expeditions or enterprises to be carried on from its territory against 
the power with which the insurrection is contending.' 

" Except in the single instance to be hereafter noticed, his excel- 
lency the minister of state does not undertake to point out any infrac- 
tion of these tenets of international obligation so clearly stated by 
Mr. Fish. Did any further instance exist the attention of this gov- 
ernment would have been called to it. 
H. Doc. 551— vol G 11 



1(>2 INTERVENTION. [§ 908. 

'• W'nh equal cloarnoss. Mr. Fish has stated in the same note the 
thin<rs which a friendly government may do and permit under the 
oireumstanees set forth. 

"• But a friendly <rovernment violates no duty of good neighbor- 
hood in allowing the free sale of arms and munitions of war to all 
persons, to insurgents as well as to the regularly constituted authori- 
ties, and such arms and nninitions, by Avhicheyer party purchased, 
may be carried in its vessels on the high seas without liability to ques- 
tion by any other party. In like manner its vessels may freely carry 
unarmed passengers, even though known to l)e insurgents, without 
thereby rendering the goverinnent which })ermits it liable to a charge 
of violating its international duties. But if such passengers, on the 
contrary, shoidd be armed and jiroceed to the scene of the insurrec- 
tion as an organized body, which might be capable of levying war, 
they constitute a hostile expedition which may not be knowingly 
permitted without a violation of international obligation.' 

'• Little can be added to this succinct statement of Mr. Fish. It has 
been repeatedly aflirmed by decisions of our courts, notably by the 
Supreme Court of the United States. In the case of Wiborg v. The 
United States, 1()3 U. S. Reports, p. G32, Mr. Chief Justice Fuller 
repeats, with approval, the charge of the trial court, in which it is 
said (p. 053) : 

'• ' It was not a crime or offense against the Ignited States inider the 
neutrality laws of this country for individiuils to leave the country 
with intent to enlist in foreign military servicx?, nor was it an 
offense against the IJnited States to transport persons out of this 
country and to land them in foreign countries, when such ])crsons had 
an intent to enlist in foreign armies; that it was not an offense against 
(he laws of the United States to transport arms, annminition, and 
nmnitions of war from this country to any foreign country, whether 
they were to be used in war or not, and that it was not an olfense 
against the laws of the United States to transport j)ersons intending to 
enlist in foreign armies and munitions of war on the same trip. But 
Hie said) that if the persons referred to had combined and organized 
in this country to go to Cuba and there make war on the government, 
and intended when they reached Cuba to join the insurgent army and 
thus enlist in its service, and the arms were taken along for their use, 
that would constitute a military expedition, and. the transporting of 
such a lK)dy from this country for such a purpose would be an 
offense against the statute.' 

'' These principles sufliciently define the neutral duties of the 
United States, which have been faithfully observed at great expense 
and with nuich care by this government. If any such military ex- 
peditions have been knowingly permitted to depart, that fact is not 



§908.] CUBA. 163 

called to the attention of this government by the Spanisli note. This 
government is aware of none such. 

" The only instance of an alleged culpable expedition mentioned 
in the note of his excellency tlie minister of state — if indeed it may 
be termed a military expedition or enterprise within the prohibition 
of the statute — is that of the Silver Heels, which is described as hav- 
ing ' left New York in spite of the previous notification of His 
Majesty's legation at Washington and before the eyes of the P'ederal 
authorities.' This case was instantly investigated by the superior 
authority, even before any oral complaint in that regard had reached 
this Government from the Spanish legation. From the accompany- 
ing copies of the statements furnished to the Department of Justice 
by the United States marshal and his deputy you will perceive that 
this vessel would undoubtedly have been apprehended but for the 
officious control of the Spanish agents whose instructions were obeyed 
in the matter. 

" A large part of the reply of his excellency the minister of state 
is devoted to the discussion of a hypothetical change of attitude 
toward the combatants involving the recognition of their belliger- 
ency. As this government, with the largest attainable knowledge of 
all facts and circumstances pertinent to the case, has not yet deter- 
mined upon that course, I do not see that any useful purpose could 
be subserved by argument upon the stated premises. Neither do I 
discern the utility of discussing the circumstances under which a case 
might arise for considering and acting upon the thesis advanced by 
his excellency on the authority of the argument before the tribunal of 
Geneva that it is the duty of a nation to amend its laws if inadequate 
for the fulfillment of its international obligations of neutrality, or to 
offer any comment thereon further than to observe that the inade- 
quacy of our neutrality laws is not admitted, nor is it proved by 
Spain in the light of the precedent to which appeal is had, inasmuch 
as the doctrine of Geneva was only applicable and applied to the case 
of a jjublic war between recognized belligerents, a case which Spain 
does not concede to exist in the present instance. 

" Whatever just and humane measures may attain to a contented 
and recuperative peace in Cuba can not but win our admiration, and 
any progress toward its attainment can not but be benevolently 
viewed. In this path of kindly expectancy, and inspired now as 
always by the high purpose of fulfilling ever}^ rightful obligation 
of friendship, the United States proposes to persevere so long as the 
event shall invite and justify that course. I can not better close this 
instruction than by repeating and affirming the words Avith which 
you concluded your note of September 23, ' that peace in Cuba is 
necessary to the welfare of the people of the United States, and that 



104 INTERVENTION, [§ 008. 

llu' only desire of my ij^overnnient is for peace and for that sure 
prosperity which can only conic with peace.' " 

Mr. Shoriuan. Sot*, of State, to Mr. Woodford, niin. to Spain, Nov. 20, 
1S1>7. For. Hel. ISUS, (M»:5-(;il. At pp. (JlI-liKt arc printwi the state- 
inoiits of the inar.shal and his deputy, referred to in tlie foregoing 
instruction. Furtlier and eontiruiatory statements are printed at 
pp. 614-015. 

November 2(\, 1897, Mr. Woodford cabled that the Queen signed 
three decrees November 25; that the first two conferred on Spaniards 
resident in the Antilles all right enjoyed by peninsular Spaniards and 
extended the electoral law of Spain to Cuba and Porto Rico; and 
that, being permitted by the Spanish constitution, did not require 
the ratification of the Cortes; that the third, granting autonomy, 
would be published November 27, and that it must be ratified by the 
Cortes. A full synopsis of this decree had been furnished him, and 
it would also be cabled to the Spanish minister at Washington w4th 
permission to show it to the Secretary of State." 

Mr. AVoodford transmitted the text of all three decrees by mail 
Nov. 27, 1897." 

November 28, he cabled that he was informed by the Spanish 
cabinet that no American citizen renuiined imprisoned in Cuba.'' 

" Sunday evening the secretaries | of state and the colonies] sug- 
gested that I withhold my formal answer to the Spanish note of 
October 23 until after the receipt and publication of the President's 
message to Congress, and this I conceded cheerfully, believing that 
it is wise to harmonize my conduct with their wishes in all matters 
that are purely fornud and unessential. The Spanish minister of 
state is greatly gi-atified with the generous tenor of the President's 
message, and today authorized me to express this gratification to my 
Government." 

Mr. Woodford, niin. to Spain, to Mr. Sherman, Sec. of State, Dec. 7, 1897, 
For. Rel. ISnS. 04.'). 

Dec. 15, 18!)7, Mr. Woodford fal)letl : "Have not yet answered Spanish 
note of Oct. 23. ll.-ive waited to study tlie effect of the President's 
message and Weyler's arrival and conduct at Madrid. Have you 
furtlier sujiKcstioiis or instructions since you have had the oppor- 
tunity to study tlie text <)f tlie decrees? Now thinlv it wise to serve 
our answer just l>efore Cliristmas." . (For. Rei. 180S. VACt.) 

Mr. Day. Actinp Sec. of State, replied: "Present our reply forthwith 
unless adverse reasons exist of which Dei)artnient has no knowledge. 
In the latter case advise freely by cable." (For. Kel. 1898, 046.) 

The reply. emlM)dyinf: the substance of the instruction of Nov. 20, 1897, 
was made in a note to Sefior Gullon, Dec. 20, 1897. (For. Rel. 1898, 
047-Cm4.) 



o For. Rel. 1898, 016. & For. Rel. Ib98, 617-044. c For. Rel. 1898, 644. 



§ 908.] CUBA. 165 

" Relief of suffeHng in Cuba. 

" Department of State, 

" Washington^ January 8, 1898. 
''To thePuUic: 

" The undersigned, Secretary of State of the United States, had the 
honor on the 24th of December to make known to all charitably dis- 
posed people in this country the appeal of the President for aid, in the 
form of mone}' or supplies, toward the speedy relief of the distress- 
ing destitution and suffering w^hich exists among the people of Cuba. 

" The gratifying interest which his countrymen have shown in all 
parts of our land in that humane appeal has led the President to rec- 
ognize the need of orderly and concerted effort under well-directed 
control, if timely assistance is to be given by the public to the sick 
and needy of Cuba. He has, therefore, appointed, with the coopera- 
tion of the American Red Cross, the Xew York Chamber of Com- 
merce, and one of the leading representatives of the religious com- 
munity, a Central Cuban Relief Committee, with headquarters in 
Xew York City, composed of the follow'ing members: Stephen E. 
Barton, chairman, second vice-president of the American National 
Red Cross; Charles A. Schieren, treasurer, a member of the Xew 
York Chamber of Commerce, and Louis Klopsch, proprietor of the 
Christian Herald. 

" It will be the office of the committee so organized not only to re- 
ceive and forward to the United States consul-general at Habana such 
money and necessary supplies as may be contributed by the people of 
the United States, but to invoke, in its own name and through the 
three great interests it fitly represents, the concurrent effort of local 
relief boards throughout the United States and to invite the kindly 
aid of the transportation agencies of the country for the prompt con- 
veyance of contributed supplies to the seaboard and their shipment 
thence to Cuba. 

" The consul-general at Habana is, in turn, assured of the effective 
cooperation of every available agency in the island of Cuba in order 
that life may be saved and suffering spared. The Spanish govern- 
ment, welcoming the aid thus tendered, will facilitate the work, and 
to that end will admit into Cuba, free of duties and charges, all 
articles otherwise liable to tax when duly consigned to the consul- 
general. 

" By direction of the President, the undersigned appeals to the 
people in every city and town, to the municipal authorities thereof, to 
the local boards of trade and transportation, to corporations and 
others producing the necessities of life, and to all whose hearts are 
open to the cry of distress and affliction, to second the generous effort 
now being made, and by well-directed endeavor make its success truly 



166 INTERVENTION. [§ 908. 

responsive to the sentiments of charity that have ever characterized 
the ^\jnericiin people. 

"John Sherman, 

•■' Secretary of Stated 
For. Rol. 1898, 655. 

" In your excellency's kind and well-weighed note dated December 
20 last, to which I now have the honor to reply, there are many and 
Aery diverse statements, causing great and special gratification to 
H. M.'s government, remiirkable for their clearness and expressive- 
ness. Among them the following deserve special mention: Those 
recognizing the value and efficacy of the new principles applied to the 
colonial policy; those admitting the importance and conclusiveness 
of the information received at Washington from the peninsula and 
Cuba, tending to prove the sincerity of Spain's desire and exertions 
for the improvement of conditions and circumstances in that island; 
and the exj)licit terms in which your excellency is pleased to say that 
the prosperity of the cities and the country there is being prompted 
by the renewal, under the best auspices, of the suspended agricultural 
and industrial operations. The satisfaction, however, derived from 
these and other similar statements, giving eloquent expression to the 
recognition of the irrei)roachable (correct) })rocedure of Spain, is, to 
a great extent, destroyed or diminished by the blame cast upon the 
predecessors of the present government, and still more so by the fact 
that the numerous and incredible excesses committed by the Cuban 
insurgents are confounded in the same category, with the conduct of 
the regular army, which for nearly three years has Ix'en giving proof 
of its valor and discipline in the defense of indisputable rights and in 
the olx'dient fulfillment of orders and plans emanating from other 
departments. 

" Whatever may lie the political views of the men constituting the 
present government of Spain, they can not, without protest, permit 
the severe condemnation passed upon those who jireceded them in 
power, as they think that the struggles of parties, or even the recrim- 
inations which parties may launch at each other in their constantly 
recurring daily disj)utes, should not be judged in the same manner 
from a distance, nor can they consent to a foreign cabinet's making 
use of them as a basis for its arguments or as a foundation for its 
views in its diplomatic relations, as they are, on the contrary, domestic 
matters entirely foreign to the judgment or decision of other nations. 

"'When the pres<'nt ministers advocated their own doctrines in op- 
position to those of their antagonists; when, in the sessions of Par- 
liament, they opposed the colonial policy and the procedure of other 
parties and reconmiended to their fellow-citizens as more conducive to 
their good their own views, principles, and purposes, they never 



§ 908.] CUBA. 167 

meant to make, nor can they now admit that they did make, any accu- 
sations concerning the good intentions and purposes of their predeces- 
sors, who, whatever might be their plans and methods, were certainly 
actuated by the most zealous patriotism. 

"As regards the conduct of our army, the note of August 25, 1897, 
must have made it evident to the candid judgment of the Washington 
Cabinet that the Spanish troops have never given occasion for re- 
proaches tarnishing, either in a greater or less degree, the brilliant 
splendor of their history, and that if any acts, judged from a distance 
and separately, have given rise to complaints and lamentations on the 
part of some sensitive and humanitarian spirits, they have prov'ed, 
when investigated subsequently Avitli proper coolness, to have been the 
inevitable consequence of war and a comparatively well-restricted 
object lesson of the calamities and disasters Avhicli have alwaj's accom- 
panied war in all ages and in all countries, not excepting the United 
States, as was shown by references of strict historical accuracy in the 
document to which I have just alluded. 

"Another idea which is repugnant to the pleasing and conciliatory 
views to which I have previously alluded, is the one which slips out in 
your excellenc3''s note to which I am repl3'ing, when 3'ou say that 
Spain can onlv reasonably' expect the United States to maintain its 
present attitude until it is proved by facts, within a more or less deter- 
mined period, whether what your excellency calls the indispensable 
requisites to a peace both just to the mother countr}^ and the Great 
Antilla, and fair to the North American Eepublic, have been attained. 
The more deliberate, the more explicit, and the more positive the 
declarations with which your excellenc}' asserts the disinterestedness 
and impartiality of vour government, the more positive and emphatic 
your declaration that the United States desires only the reign of 
peace, and the more expressive and earnest the congratulations with 
which you admit that the Spanish government has drawn the plans 
and laid the foundations of a noble structure in Cuba, so much the 
less justifiable and so much the less intelligible is the hint to which I 
have referred. 

" The Spanish government assuredh^ did not admit that reasons of 
proximity or damages caused b_v war to neighboring countries might 
give such couutries a right to limit to a longer or shorter period the 
duration of a struggle disastrous to all, but much more so to the 
nations in whose midst it breaks out or is maintained, as 3'our excel- 
lency voluntarily admits. My note of October 23, referriug to this 
point in general terms, proved perfectly clear that, in view of the 
varied and close relations between modern nations, a disturbance 
arising in any of them may justify the adjoining nations in express- 
ing their anxiety for peace and in offering friendly suggestions, but 
never and under no circumstances foreign intrusion or interference. 



168 INTERVENTION. [§ 908. 

Such interference would lead to an intervention which any nation 
possessing any self-respect would have to re})el by force, even if it 
were necessary to exhaust, in the defense of the integrity of its terri- 
tory and of its independence, all, absolutely all, the resources at its 
disposal. 

'* Spain would act upon these honorable principles — the only ones 
consistent with the national dignity — just as the United States nobly 
acted upon them when, in ISGl, it feared that an attempt would be 
made to exert an influence by foreign intervention in the domestic 
struggle which it was then carrying on. The instructions to that 
effect sent by Mr. Seward, the Secretary of State, to Mr. Dayton, the 
minister in Paris, on the 2'2d April, 1801, will serve as a guide, and 
will constitute a notable example for all countries which, like Spain, 
value their honor above all else, even to (the execution of) the de- 
clared purpose to ' struggle Avith the whole w^orld' rather than yield to 
pressure from Avithout. {l*residents' Messages and Documents, 
1801-62, page 200.) AVhen I say that the government of Spain 
appropriates, on this occasion, Mr. Seward's lofty views, it will be 
sufficiently clear how deej)ly rooted in (the minds of) the ministry 
of which I form a part is the conviction that the United States, where 
such words have been written, will not fix a period for the termina- 
tion of the j)resent Cuban insurrection. 

" If such a limitation of the legitimate and immutable national sov- 
ereignty could not be permitted at any time, it must be expected less 
than ever when a fortunate concurrence of circumstances has enabled 
the present cabinet of Madrid, while voluntarily fulfilling its engage- 
jnents and carrying out, Avhen in i)<)wer. the colonial policy which it 
advocated when in ()])p()siti()n, to execute the wishes of the loyal in- 
habitants of Cuba, and to comply with those suggestions which the 
United States govcnunent has offered repeatedly and officially as 
ilie expression of its desire or as its advice as a friend. Under these 
circumstances, and when the genuineness and excellence of the radical 
reforms granted to Cuba, which reforms have constituted, as it were, 
a new and most e<iuital)le body of law, the nuiximum of powers and 
initiatives to which a free colony, the mistress of its own fate, can 
aspire, are candidly recognized: when, in the face of innumerable 
difficulties, these radical reforms have been carried into effect, and 
when an autonomous government of its own is to-day performing its 
fiMJctions in the (Ireat Antilia; when the advantages of this immense 
change i)egin to make themselves felt, it is certainly not the time for 
the United States government to substitute for its former offers of 
its good offices hints of a change of conduct in the event of more or 
less remote contingencies, and to base this notification of its change 
not only upon the contingency of a material success, a success as 



§ 908.] CUBA. 169 

independent of right as of the conduct of the party advocating the 
right, but upon its own estimate of the success itself, an estimate made 
in accordance with the opinion of any one who, at a given time, may 
wish to decide upon it without any other guide (rules) than his own 
will, and without any more impartiality than is imposed upon him by 
his observations or surroundings. 

" [At a time] when the expressive congratulations of the Washing- 
ton Cabinet have been earned b}^ our innovations; when the civil 
struggle in the island of Cuba is adapting itself to the most modern 
and humane conditions and character consistent with an active state 
or war, as your excellency fully and nobly admits; when, in short, 
even [all] the obligations of a moral order that the most jealous 
prejudice can require have been fulfilled by Spain with the most 
scrupulous fidelity and of her own accord, there remains no reason 
or pretext for now discussing the duration of that stmggle, which is 
of an exclusively domestic nature, nor for making the conduct of 
friendly nations dependent upon such duration, even if the progress 
made in overcoming the insurrection were not so evident, and if the 
hopes of a speedy pacification were not so well founded. 

" The remarkable consideration with which H. M.'s government 
constantly entertains the views and doctrines of the United States 
government does not suffice to induce it to accept, now or at any 
future period, the theory which Y. E. is pleased to propound with 
regard to international duties in the case of intestine rebellions, in 
repetition of the views expressed years ago by the illustrious Secre- 
tary of State, Mr. Fish. The Spanish government can not consent 
to attach so little weight to international friendship as to render that 
relation between nations almost entirely destitute of mutual obliga- 
tions, the duties which it imposes being regarded, in every case, as 
very inferior to those which are derived from neutrality. 

" This government is of opinion, on the contrary, basing its views 
upon considerations of eternal ethics, that a true friend, both in the 
private order of private relations and in the public order of interna- 
tional relations, has more conventionalities to observe and more 
duties to fulfill than a neutral or indifferent person ; and that the 
friendship which is founded u})on international law obliges all 
states, to use the words of the famous South American publicist, 
Calvo, not only to prevent their own subjects from causing injury to 
a friendly country, but to exert themselves to prevent any plots, 
machinations, or combinations of any kind tending to disturb the 
security of those states with which they maintain relations of peace, 
friendship, and good harmony from being planned in their territory. 
' International law does not merely oblige states to prevent their sub- 
jects from doing anything to the detriment of the dignity or interests 
of friendly nations or governments; it imposes upon them, in addition, 



170 INTERVENTION, [§908. 

the strict duty of opposing:, within their own territory, all plots, 
machinations, or combinations of a character to disturb the security 
of countries with which they maintain relations of peace, friendship, 
and good harmony/ (^ 1208, Vol. III. p. 15G.) This is the mean- 
ing of international friendship as defined by Montesquieu, Avhen he 
?aid that nations ought to do each other as much good as possible in 
peace and as little harm as possible in war. (Spirit of Laws, Vol. T. 
p. 3.) And it is the meaning given by Fiore in the following words: 
' Every state should refrain from ordering or authorizing, in its 
own territory, acts of any kind tending, tlirectly or indirectly, to in- 
jure other states, even when it is not obliged to do so by laws or 
treaties.' (Chapter II. § 598.) 

'• It is upon this view of international friendship that the Spanish 
government bases its opinions with regard to the extension of the 
obligations arising or derived from such friendship in the intercourse 
of civilized nations, and hence the request which it has addressed to 
the Washington Cabinet on numerous occasions, to prevent, with a 
firm hand, the departure of filibustering expeditions against Cuba, 
and to dissolve or prosecute the junta which is sitting i)ul)licly in 
New York, and which is the active and permanent center of attacks 
upon the Spanish nation, and ^vhich, from the territory of the Union, 
is organizing and nuiintaining hostilities against a country which is 
living in j)erfect peace with the United States. 

" H. M.'s government could not, nor should it, analyze the language 
of the law of 1818. as it regards it as a law of a domestic or uuinicipal 
character, the scope of which it ai)pertains to the Federal govern- 
ment alone to determine. All that it permitted itself to do, in the 
name of the friendshij) declared by the treaty of 170."), and Avhich has 
been confirmed by j)racti('al demonstration through nuiny years and 
many tests, was to suggest the means of rendering real and effectual 
those obligations which are derived from true friendship, such as the 
Spanish government understands it, either by the publication of a 
proclamation of the same nature and as emphatic as those which 
illustrious predecessors of the illustrious President, Mr. McKinley, 
thought themselves called upon to ])ublish under similar circum- 
stances, or by the severe aj)j)licati()n of the regulations in force, or by 
their amendment or enlargement, as occurred in the act of March 10, 
1888. 

" Nor could II. M.'s government refer to the duties of neutrality, 
as it maintains with the same vigor as ever its well-founded ass(>rtion 
that there is no reason, nor even a semblance of reason, to justify a 
recognition of iM'lligerency in the Cuban insurrection. All its re- 
marks have Ix'en directed to the duties imposed by neighborhood and 
international friendship, and when it has mentioned the decision of 
the Geneva arbitration, it did so merely as a comparison ; for, if dili- 



§908.] CUBA. 171 

gence must be used in the discharge of the duties of neutrality, as was 
decided there, no less diligence should be required in the discharge of 
the duties of friendship ; and if defects in the laws can not be offered 
as an excuse in the case of the former, it would be unreasonable to 
admit them in the case of the latter. 

" The undersigned and the government of which he forms part 
take sincere pleasure in ivcognizing the fact, as they do with genuine 
gratitude, that the watchfulness exercised during the last few months 
along the extended coasts of America has been more effectual than 
formerly in preventing the departure of filibustering expeditions. 
He is also pleased to find a reason for gratitude to the Federal gov- 
ernment in the skillful organization which it has given to its naval 
forces, in order to prevent iUegal aid being sent to the Cuban rebels 
from the coast of Florida. Both facts prove the power and the 
means at the disposal of the North American government for the 
fulfillment, with due energy and ])romi)tness, of the obligations of 
international friendship. 

" We can not, however, notice with indifference, that there con- 
tinues to be acting in New York an organization composed chiefly of 
naturalized North Americans who, notwithstanding, do not wish to 
imbibe (imbibe the spirit of) their recently acquired nationality nor 
the atmosphere of honor and friendship in Avhich their (Tovernment 
breathes; who violate the laws of their new country and abuse the 
liberty granted them there by conspiring against the country in 
which they were born, thereby creating a state of hostility which 
disturbs the intimate and cordial relations Avhich have so long been 
maintained between Spain and the United States. The i)rinciples 
upon Avhich eternal law rei)oses, as much or more than law itself, 
demand the pr()ni|)t suppression (disappearance) of that public cen- 
ter of conspiracy, from Avhich every oversight is watched and every 
legal subterfuge is made use of to violate the so-called neutrality 
laws of the Hepublic of North America, for friendly nations have 
seldom or never been seen to tolerate in their midst organizations 
whose chief object, or. rather, whose only mission consists in plot- 
ting against the integrity of the territory of another friendly nation. 

" The Spanish people and government, relying upon their rights, 
and with the firm resohition to maintain their legitimate and tra- 
ditional sovereignty in the ishuid of Cnl)a at every hazard, without 
sparing their exertions or limiting their perseverance, hope that the 
United States will not only continue to ol>serve the kindly expectancy 
to which your excellency refers, but that she will also coojx'rate by 
the means already mentioned and other similar ones within her own 
borders in the work of |)eace, justice, and autonomy which Si)ain is 
now carrying out with so much self-denial and perseverance, and that 
the United States will thus i)rove by more and more open and ett'ec- 



172 INTERVENTION. [§^08. 

tiial acts the friendship which actuates her relations (to Spain), bj'^ 
which course she will completely discourage the seditious and rest- 
less elements which are still sustaining the rebellion in the Great 
Antilla, and which are only awaiting the result of a possible colli- 
sion between our two respective countries, which are called by self- 
interest and affection to be on good terms and to assist each other 
in the noble enterprises of peace, and not to wound and destroy 
each other in the cruel struggles of war. 

" The island of Cuba, as ^Ir. Olney freely admitted in an official 
note, has its life and its future bound to those of its mother country, 
Spain, and the act of conspiring against the perpetual union of the 
Pearl of the Antilles and the historical discoverer of the American 
continent not only reveals destructive purposes, but also involves 
a hopeless atleni])t. Cuba free, autonomous, ruled by a govermnent 
of her own and by the laws which she makes for herself, subject to 
the immutable sovereignty of Spain, and forming an integral part 
of Spain, presents the only solution of ])ending problems that is 
just to the colony and the mother comitry, the denouement longed 
for by the great majority of their respective inhalritants and the 
most equitable for other States. It is only in this foruuila of colo- 
nial self-government and Spanish sovereignty that peace, which is 
so necessary to the Peninsula and to Cuba and so advantageous to 
the United States, can be found. The government of the Union 
knows this and can contribute i)()werfully to the attainment of the end 
in view by acting in accordance with what I have had the honor to 
say to your excellency. It will certainly do this, because justice is 
revered in the United States, and because the North American Repub- 
lic, in conformity with its traditional principles of respect for the 
wish of countries to organize themselves as uuiy best suit theui, nnist 
finally admit, by acts and by declarations, that the Cuban j)eople have 
a perfect right not to be disturbed by any one, and not to have any 
power, near or distant. opi)ose their honorable and peaceful wishes, 
hy lending aid to a turi)ulent minority who subordinate the interests 
of the immense majority of their countrymen to their own selfish 
purposes. 

•• So long as the .Spanish Antilles did not enjoy the right to govern 
themselves autonomically it might have been thought, though wrong, 
that this minority repi'eseiited the general views of the masses, and in 
the ca^e of such a hyj)otlietical error there would be some excuse, if 
not justification, foi- a certain amount of tolerance; but now, when 
the state of affaii's has been cleared up, and when it has been made 
evident by the introduction of autonomy that the most estimable 
inhabitants of the island desire peace under this system, which is as 
lil>eral as they could wish, this moral and physical compulsion, ex- 
erted by revolutionary organizations which are laboring freely in 



§{>08.] CUBA. 173 

the United States for an absurd, unattainable separation, contrary 
to riglit and to the interests of all, ought to cease entirely and with- 
out loss of time. Its continuation would be a violation of the liberty 
which is the very essence of the social and political system of North 
America. 

" It is impossible to see in the noble work of peace which has been 
nobly and generously undertaken in Cuba, as your excellency very 
truly remarks, a sudden creation which can arise in a single night; 
it must be regarded as a lasting and noble structure, which, to use 
your excellency's eloquent words, would be founded upon the rock 
of justice, not upon the moving sands of self-interest, and which, 
for its more rapid development, requires the cooperation of friends 
and the most scrupulous respect of foreigners." 

Seuor Gullon, min. of state, to Mr. Woodford, min. to Spain, Feb. 1, 1898, 
For. Rel. 1898, 658. 

" You will have acquired through the recent telegraphic corre- 
spondence on the subject a general knowledge of the 

^^^^ .^ ^ , °™* circumstances which have brought about the retire- 
incident. i - <• -, • 

ment of Senor Dupuy de Lome from the Spanish mis- 
sion at this capital. For your fuller information it is appropriate to 
give you a more circumstantial account of the incident. 

" The morning papers of the Otli instant printed what purported to 
be a translation into the English language of a surreptitiously 
obtained letter addressed by Sefior Dupuy de Lome to Seiior Jose 
Canalejas, which, although in the nature of a j^ersonal communica- 
tion, contained expressions offensively disparaging to the person and 
office of the President, and indicative of insincerity on the part of the 
minister himself in regard to matters then under international con- 
sideration. 

" The disclosure so made was, should it be substantiated, of such a 
nature as obviously to put an instant end to the utility of Senor Du- 
puy de Lome as a medium of the candid and sincere intercourse which 
rjhould ever prevail among nations, as well as to gravely offend the 
Executive and the people of the United States, and it became neces- 
sary at once to inquire as to the authenticity of the published commu- 
nication with a view to taking such action as a sense of self-respect 
and frankness prescribes in the intercourse of friendly states. 

" Some hours later there reached the Department copies of a New 
York newspaper containing a photolithographic facsimile of the let- 
ter in question, and an hovir or two thereafter there was placed in my 
hands for the first time the original of the letter so reproduced. The 
genuineness of the paper appearing to be established by comparison 
with specimens of the minister's writing found in the Department, 
no room remained for longer entertaining, as I was at first disposed to 



174 INTERVENTION. [§^08. 

do. a doubt as to the reality of the serious charge hiid at the envoy's 
door; and I directed that the matter sliouhl be at once brought, with 
all perniissil)le considcrateness. to the attention of Senor Dupuy de 
Lome hismelf. This was done by the Assistant Secretary of State, 
Mr. Day. in personal conference. 

" The minister admitted having written a letter of the descril)ed 
character. Having retained no coj)y of it, he was at first disposed to 
question the accuracy of the words ascribed to him by the published 
version; but on being shown the original he confirmed its genuine- 
ness, and, without in terms retracting the offensive utterances it 
contained, contended that the English translation had unfavorably 
intensified certain })hases which he claimed were permissible under 
the seal of i)rivate and colloquial correspondence. He also frankly 
stated that he recognized the impossibility of his continuing to hold 
official relations with this (Jovernment after the unfortunate disclos- 
ures, and informed Mr. Day that he had on the evening of the 8th 
and again on the morning of the J)th telegraphed to his government, 
asking to be relieved of his mission. 

" Innnediately after seeing Senor de Lome, a telegraphic instruc- 
tion was sent to you directing you to inform the government of His 
Majesty that the publication in question had ended the Spanish min- 
ister's usefulness, and that the President expected his immediate 
recall. 

"" For your information I inclose herewith an accurate copy made in 
the Department from the original letter of Senor Dupuy de Lome, 
with a careful translation also pi-epared in the Department, together 
with the facsimile printed in the Xeir York Jo\irn<d of the 9th in- 
stant. Cojn' of the translation which appeared in the ])ress, and 
which is infelicitous in some i)articulars and inaccurate in others, is 
also appended. 

" On the 10th instant I received your telegram informing me that 
prior to your ])resentation of the instruction sent you in regard to 
Senor Dupuy de Lome's recall, the cabinet had accepted the minister's 
resignation, putting the affairs of the legation in charge of the secre- 
tary, and that your full report would follow. Thereupon I tele- 
graphe<l you to report i)v cable. 

*• Later, thinking it |)roi)able that the Spanish government might 
not be in jxjssession of the text of the letter written by Senor Dupuy 
de Lome to Sefioi- Canalejas and might therefore not be in a position 
to gauge the magnitude of the minister's offense, or to rightly esti- 
mate the insincci-ity which ai)|)eai-ed to characterize his personal 
utterances resj)ecling the object of the j)roposed negotiations for 
reciprocity with the island of Cuba. I directed that the Spanish text 
of the more notably objectionable ])assages should be telegraphed to 
you, which was done on the 12th instant. 



§90S.l CUBA. 175 

" Your telegraphic report of the interview had with the minister of 
state, which was received here on the night of the 12th instant, con- 
iirmed my conjecture that his excellency could not have had the full 
text of Senor Dupuy de Lome's letter before him, otherwise it is 
scarcely conceivable that he would have confined himself to regretting 
the minister's ' indiscretion," when, in point of fact, the language used 
b}' him disclosed much weightier reason for regarding the minister's 
usefulness as utterly destroyed, not only on account of the dis- 
paraging words in Avhich he had spoken of the President, but more 
gravely still by reason of the want of candor Avhich appeared to un- 
derlie the proposition for a reciprocity arrangement with the autono- 
mous government of Cuba, which he shortly afterwards brought for- 
ward and advocated with much profession of earnestness. I think you 
will also discern a similar underthoiight in the passage in which Senor 
Dupuy de Lome speaks of the institution of an autonomous govern- 
ment having the intended effect of relieving the Spanish government 
in the eyes of the American i)eople of a part of the responsibility for 
the occurrences in that island, and throwing it instead npon the 
Cubans themselves. But as this point will doubtless attract the atten- 
tion of the Spanish cabinet, it seems unnecessary to pursue it further 
in this instruction. 

''All the facts being fulh' known, and the offense of the late min- 
ister being disclosed in all its enormity, I felt sure that the govern- 
ment of His Majesty could not feel less concern than we ourselves 
feel in dispelling the painful and detrimental impressions touching 
the inwardness of the transactions recently had and even now pend- 
ing l)etween the two governments Avhich a perusal of the letter sug- 
gests. This assurance proved to be well grounded. You having, as 
re])orted in your telegram of the 1-ltli instant, written a note to his 
excellency the minister of state, communicating to him the Spanish 
text of the passages of Senor Dupuy de Lome's letter, his excellency 
replied on the ir)th in a note of which you telegraphed me the entire 
text. I was ha])py to find thei-ein not only that frank expression of 
regret which I had from the outset confidently expected, and which 
it seems his excellency had made to you orally on the occasion of your 
first intervicAv, but further and more com])lete announcement of the 
disauthorization of the minister's act, Avhich was intended to be con- 
veyed by the manner and form in which his retirement from the post 
of honor and trust he had so long filled was accomplished. Having 
communicated his excellency's final note to the President and as- 
certained his gratification thereat, I telegraphed to vou on the 18th 
instant expressing the satisfaction of this government at the satis- 
factory termination of the incident. 

"As for the letter itself. I have had much pleasure in recognizing 
the i^ersonal claim of Senor Canalejas to its possession, even though 



176 INTERVENTION. [§908. 

it may never have reached his hands; and it was accordingly deliv- 
ered, on the 14th instant, against receipt, to Mr. Calderon Carlisle, 
who presented himself as the agent of Senor Canalejas for that pur- 
pose." 

Mr. Shemijui. S<h-. of State, to Mr. Woodford, niin. to Spain. Feb. 2.3, 1898, 
For. Hel. 1S!)S. lOlS. 

[Tran-slation of letter written by SeBor Don Enrique Dupuy de Ldme to SeBor Don Joe6 
Caualeja.s. Undattnl, but from internal evidence probably written about the middle 
of December, 1897.] 

Legation of Spain, Washington. 

" His Excellency Don .Josfi Canalejas. 

" My Distinguished and Dear Fkiend: You have no reason to ask my ex- 
cuses for not iiavinR written to me. I ouglit also to have written to 
you, but I have put off doing so because overwhelmed with work and 
nous somnies quittes. 

"The situation here remains the same. Everything depends on the iiolitl- 
cal and military outcome in Cuba. The prologue of all this, in this 
second stage (phase) of the war. will end the day when the colonial 
cabinet shall be appointed and we shall l)e relieved in the eyes of this 
country of a part of the responsibility for what is happening in Cuba, 
while the Cubans, whom these people think so immaculate, will have 
to assume it. 

" Until then, nothing can l>e clearly seen, and I regard it as a waste of time 
and i)n)gress, by a wrong road, to be sending emissaries to the rebel 
camp, or to negotiate with the autonomists who have as yet no legal 
.standing, or to try to ascertain the intentions and plans of this gov- 
ernment. The [Cul)an] refugees will keep on returning one by one, 
and as they do so will make their way into the sheepfold. while the 
leaders in the field will gradually come back. Neither the one nor 
the other class had the courage to leave in a body and tliey will not be 
brave enough to return in a body. 

** The niess.-ige has l>een a disiliusiomnent to the insurgents, who expected 
something different; but I regard it as bad (for us). 

"Besides the ingrained and inevitable bluntness (groseria) with which 
is repeated all that the press and pui»li(! opinion in Spain have said 
about Weyler, it once more shows what .McKinley is, weak and a 
bidder for the admiration of the crowd, besides being a would-be 
I»oliti<ian (politicastro) who tries to leave a door open behind him- 
.self while keeping on gfx)d terms with the jingoes of his party. 

" Xevertlieless, whether the practical results of it [the nie.'^sagel are to 
be injurious and a(lv<>rse dei)en(ls only upon ourselves. 

"1 am entirely of your opinions; without a military end of the matter 
iu»thing will be accomplished in Cuba, and without a military and 
IK)Iiti<al settlement there will always be the danger of encouragement 
being given to the insurgents by a i)art of the public opinion if not 
by the government. 

" I do not think sufticient attention has been paid to the part England 
is playing. 

" Nearly all the newspaper rabbi" that swarms in your hotels are English- 
ni«'n. and wiiile writing for the Jounial they are also corresixjiidents 
of the most inlluential journals and- reviews of liOndon. It has 
been so ever since this thing began. A.s I look at it, England's only 



§908.] CUBA. 177 

object is that the Americans sliould amuse themselves witli us and 
leave her alone, and If there should be a war, that would the better 
stave oflf the contlict which she dreads but which will never come 
about. 

" It would be very advantageous to take up, even if only for effect, the 
question of commercial relations, and to have a man of some i)romi- 
nence sent hither in order that I may make use of him here to carry 
on a propaganda among the Senators and others in opposition to the 
junta and to try to win over the refugees. 

" So Amblard is coming, I think he devotes himself too much to petty 
politics, and we have got to do something very big or we shall fail. 

"Adela returns your greeting, and we all trusv that next year you may be 
a messenger of peace and take it as a Christmas gift to poor Spain. 
" Ever your attached friend and servant, 

" Enkique Dui'UY de Lome." 

Feb. 11, ISDS, Sefior du liosc, of the Spanish legation, informed the 
Department of State that, his governmen"t having accepted Sefior 
Dupuy de Lome's " renunciation '" of the otHce of minister, he had 
been designated as charge d'affaires ad Interim. Feb. 12 the De- 
partment of State replied, recognizing him in that capacity. (For. 
Kel. 1808, 1010, 1011.) 

" The notably objectionable passages of the Spanish minister's letter 
read as follows : 

" First. ' El mensage ha desenganado a los insurrectos que esperaban 
otra y ha paralizado la accion del congreso ; pero yo lo considero 
malo. Ademas de la natural e inevitable proseria con (pie se repite 
cuanto ha dicho de Weyler la i)rensa y la opinion en Esi>ana, 
denmestra una vez mas le que es McKinley, debil y populachero y 
ademas un politicastro (lue (piiere dejarse una puerta abierta y 
quedar bien con los jingoes de su partido.' 

" Second. ' Seria nuiy import;uite (pie se ocuparan, auiuiue no fuera mas 
que para efecto, de las relaciones comerciales y (pie se enviase aquf 
un hombre de importancia i)ara (pie yo le usara a(pii para hacer 
Iiro])aganda entre los Senadores y otros en oposicion ii la Junta y 
I)ara ir guardar (ganando) emigrados.' 

"The last word but one, 'guardar,' is almost illegil)le. 

" If, as is probable, the ministry has not possesscnl the text of the let- 
ter, you should acquaint the minister of state with the foregoing 
extracts, pointing out the insulting character of the first and the 
insincerity which underlies the second." (Mr. Day, Acting Sec. of 
Stat(\ to Mr. Woodford, min. to Spain, tel., Feb. 12, 1898, For. Kel. 
1808, 1010.) 

" On the afternoon of last Thursday, the 10th day of February, and after 
the adjournment of 1 1 is Majesty's council of ministers, I had the 
honor to call upon your excellency ;ind to read to you a coi)y of a 
telegram which I had received that morning from my government, 
and which related to a letter written i)y the Spanish minister at 
Washington. I then stated that I would communiciite to my gov- 
ernment at once by telegrai)h such answer as your excellency might 
make, and I left with you a copy of such telegram and statement. 
I iind(M-sto()d your excellency to reply that tlie Si)anish governiiiciit 
sincerely regretted the indiscretion of the Spanish minister at Wash 

II. Doc. 551— vol G 12 



178 INTKKVKNTION. [^5^08. 

iiifrlon. nnd that his rosiKiuition luul hwu askinl niul a«-(vi)ttHl by 
cahlc iH'foiv our t!u>n interview. 

" I tele}jraiiiie«l to my jjoveriiment at onee that tlie resiKimtion liad l»e<Mi 
asked and accepted i)y cable before our tlieii interview. 

"It is possible that I misunderstood yoiu' ex<-ellen<-y in what was said 
alMuit the minister's resiguation having been asked by your gov*>rn 
ment. 

*' It is now the fourth day since I had the honor of calling u|M)n your 
excellency, and I have not yet had the satisfaction of receiving any 
formal indication that His Majesty's government regrets and disa- 
vows the language and sentiments whit-h were employtnl and ex- 
pressed in such letter addresswl by the Spainsh minister at Washing- 
ton to a distinguished Spanish citizen. 

" It is my hope and pleasure to believe that the Spanish government 
can not have received the text of the letter written by Sefior lUiiuiy 
de I><')me to Senor C'analejas, in regard to which I called uiM)n your 
e.xcellency last ThiU'sday. and it therefore bcn-omes my duty to ac- 
«|uaint your excellency with the following extracts from such letter, 
which are notably objectionable to mj' government : 

"First. 'El mensaje ha desenganado fi los in.surrectos que esperaban 
otra cosa y ha paralizado la acciou del Congreso. pero yo lo considero 
malo ademas de la natural e inevitable groserfa con ([ue se re|»ite 
cuanto ha dicho de Weyler la i)rensa y la opinion en Esi)ana diMuu- 
estra una vez mas lo (jue es McKinley debil y populachero y ademas 
un iM)Iiticastro (lue (juiere dejarse una puerta abierta y <iuedar bien 
con los jingoes de su partido.' 

" Second. ' Seria muy iminn'tante (jue se ocuparan aunque no fuera niAs iiue 
I»ara efecto de las relaciones ct>merciales y que se enviase a(iuf un 
hombre de importancia para que yo le usara aquf para hacer proi)a- 
ganda eiure los esnatlores y otros en oi»oslci6n ft la junta y i)ar5t 
ir eniigrantes." 

"The last word b«'fore 'eniigrantes,' and which I have indicated by a 
dash, is almost illegible. 

" I beg to iK)int otit to your excellency the insulting character of the lirst 
pas.sage and the insincerity which underlies the suggestions of the 
sei-ond." (Mr. Woodfonl. min. to Si)ain. to Senor Gullon, min. of 
state, Feb. 14. 18f)<S. For. Uel. l,s;)S. 1012.) 

"There is. in fact, as your excellency yourself susi)Octs. an error or mis- 
understanding, little surprising, in truth, in the reference's to our 
brief conversation of Thursday, the loth instant, to which your ex- 
cellency alludes in the note which I had the honor to n'ceive yes- 
terday. 

"After your excellency read to me the telegram transmitted by your gov- 
ernment, and an <'xa<t copy of which y<m were kind enough to leave 
with me. when you asktnl nu» to indi<'ate to you the opinions and in- 
tentions of the cabinet of Madrid concerning the facts mentioned in 
the same dispatch I replied solely that the S|)anish government, like 
that of Washington, ami like your excellency, with entire sincerit.v 
lamented the incident which was the cause of our interview; but 
that, while considering it and measuring its real significance. Sefior 
Dupu.v de I>ome had already solv»'d it by pri»senting the resignation 
of his ch;irge. which the council of ministers had just accepted. 

"To this clear de<'laration I underst«M)d that I should limit my rej)ly, 
because, iu fact, the Spanish ministry, in accepting the resignation 



§908.] CUBA. 179 

of a fuiictionar.v whose services they had heen utilizing and valuing 
up to tliat time, h'ft it iterfeetly well estal)lished that they did not 
share, and rather, on the contrary, disauthorized, the criticisms tend- 
ing to offend or censure the chief of a friendly state, although such 
criticisms had heen written within the field of personal friendship, 
aiul had reached pul)llcity hy artful and criminal means. 

"This meaning which was involved and could not helj) being embodied 
in a resolution of the council of ministers adopted before I had the 
pleasure of receiving your excellency when the government of Spain 
only in a general way, by vague telegraphic reports, learned the senti- 
ments alluded to, is naturally the real meaning which the Spanish 
ministry, with e(iual or greater reason, gives to the decision referred 
to, iifter reading the words which your excellency copies in .Si»anish 
in the first of the two paragraphs which your courteous note trans- 
mits to me. 

"As regards the second paragraph which the saint; comnuinication of your 
excellency almost literally reproduces, the government of which I 
form a part is profoundly surprised that a private letter, dated, as 
it api^ears, on a day relatively distant, and the opinions of which 
can not i)roperly be formed now, subsequent to recent agreements, can 
be invoked now merely on account of the significance of the signa- 
ture as a germ of suspicion and doubts as opposed to the unanswer- 
able testimony of simultaneous and subseipient facts. 

" The i>resent Spanish government, before and after the date indicated, 
with respect to the new colonial regimen and the pi-ojected treaty of 
conmierce gave such evident proofs of its real designs and of its 
innermost convictions that it does not now consider compatible witli 
its prestige to lay stress upon or to demonstrate anew the truth and 
sincerity of its purposes and the unstained good faith of its inten- 
tions. 

" I'ublicly and solemnly it contracted, before the metropolis and its colo- 
nies, the resiK)nsibility of the political and tariff changes which it has 
inaugurated in both Antilles, and the natural ends of which in the 
domestic and international spheres it pursues with that perseverance 
and that firmness to which from the beginning, it adjusted and which 
in the future must inspire its entire conduct." (Senor Gullon, uiin. 
of state, to Mr. Woodford, min. to Spain, Feb. 15, 1S!)8. For. Rel. 1898, 
l(Hr». This note was received by INIr. Woodford Feb. Ki. ) 

"Polo de Bernabe will be appointed minister to Washington. lie is the 
son of Admiral I'olo. formerly minister. Is now chief of commer- 
cial bureau in Spanish state department. Speaks English and is 
familiar with connuercial affairs. Was secretary of legation at 
Washington when his father was minister." (Mr. Woodford, min. 
to Spain, to Mr. Sherman. Sec. of State, tel.. Feb. 17, 1898, For. Rel. 
1898. 1014.) 

"Note of minister of state received by you Kith in.stant satisfactorily 
closes the incident raised by publication of Si)anish minister's private 
letter ; indeed it would have been sooner closed had Department 
I)ossessed the expressions of regret and disauthorization recited by 
the minister. You will assure minister of state of the gratification 
here felt at his frank statements, which this government had from 
the outset confidently exi)ected. Add that the new minister's antece- 
dents and the recollection of his previous service as secretary here 
insure him a cordial personal welcome." (Mr. Day, Acting Sec. of 



180 INTERVENTION. [§908 

StJite. to Mr. WcMwlford. luin. to Spain. t»<l.. Feb. IS. IHOS, For. It.'l. 
1898, lUl»i.) 

" My i)ors»)iiiil inulorstaiidiiig of my interview witli the Spanish minister 
of foreign affaii-s, in the afternoon of Thursday. Feltruary 10, is that 
he then oonHiuHl himself to regretting tiie minister's indiscretion, 
wliile his excellency's undei-standinK is that he then indicated or 
made the frank expression of rcj;ret. which was sulistantially eidargtnl 
in his formal note of disanthori/.ation. dated Fel»ruary l.j. As the 
minister sjteaks little English and I little Spanish, the ]»ossible mis- 
understanding may have occurrinl easily." (Mr. Woodford, min. to 
Spain, to Mr. Sherman. Sec. of State. March 8, 181)8, For. Itel. 18D8, 
1021.) 

See, also, Mr. Wooilford to the President. Feb. 2(>, 18!>8, For. Uel. 18D8, 
»>G4 ; and a "personal and conlidential " letter of Mr. Day to Mr. 
Woodford. March ;{. 18U8, For. Uel. 181(8. 080. 

"As to l)e L»')iiK'. I a<rive \vitli you that tliut inculent is, fortunately, 
closed. The publication of the letter created a <r()od deal of feeling 
among Americans, and hut for the fact that it was a private letter, 
surreptitiously if not criminally obtained, it might have raised con- 
siderable difficulty in dealing with it diplomatically. As soon as we 
learned of its authenticity the first cable was sent to you suggesting the 
recall of the minister. l)e Lome had been advised the day before, 
and cabled his resignation before the letter was brought to the I)e- 
pjirtment. Your ])romj)t and efficient method of dealing with the 
matter after its serious import was known, and your firm, dignified 
action in the interview with the minister, no doubt led to the satis- 
factory termination of the incident. Everybody that I see seems well 
pleased with it, and no one wished troui)le aI)out a matter of this kind. 
If a ruj)ture between the countries nuist come, it should not be upon 
any such personal and comparatively unimj)ortant matter. We sent 
you day before yesterday full instruction covering the Cuban situa- 
tion, as you will see it is bad enough. 

"The I)e Lome incident, the destruction of the Mahic, have added 
nuich to the poj)ular feeling uj)on this sui)ject, although the JK'tter 
sentiment seems to be to await the report of the facts, and to follow 
the action of the President after the naval board has nuide its report. 
Whatever that report may be, it by no means relieves the situation of 
its difficidties. The policy of starvation, the fjiilure of Si)ain to take 
ert'ective measures to suj)press the insurrection, the loss of our com- 
merc«'. the great expense of |)ati'<)lling oui* coast — these things, inten- 
sified by the insulting and insincei'e character of the I)e Lome letter, 
all combine to create a condition that is vei'v grave, and which will 
re<|uire the highest wisdom and greatest prudence on both sides to 
avoid a crisis." 

Mr. Day. .Vssist. Sec. of State, to .Mr. Woodford, min. to SjKiin. "per- 
sonal and conlidential." March :{, 1808. For. Kel. 181)8, fkSO. 



§908.] CUBA. 181 

January 25, 1898, the U. U. S. Maine arrived at Havana on a friendly 
visit. Some Spanish naval vessels and a (lernian train- 
^^'^-Mai'ne"^ *^® ing ship were in the harbor, and another vessel of the 
German navy arrived dnring the day." At 9.40 p. m. 
of Febrnary 15, the Maine was blown up and destroyed, with two 
of her officers and two hundred and sixty-four of the crew.'' Ex- 
pressions of condolence were made by many foreign governments, 
officials, and individuals, including the Queen liegent and the govern- 
ment of Spain and various officials in Spain and in Cuba.'" 

The United States and Spain each appointed a naval commission 
to investigate and rei:)ort upon the disaster. 

" The following is a summary of the report made March 21 by the 
United States Board of Inquiry in case of the Maine: 

" The Maine arrived at Habana January 25. Notices of her in- 
tended arrival had been given by the United States consul-general to 
tlie authorities on the preceding evening, and she was conducted by 
the regular government pilot to buoy No. 1, in from 5^ to (> fathoms 
of water. Discipline on ship excellent, and all her orders and regula- 
tions strictly carried out. Ammunition properly stored and cared 
for. Magazines and shell rooms always locked, after being opened, 
and after destruction of ship the keys were found in proper place in 
captain's cabin. Temperatures of magazine and shell rooms daily 
taken and reported. Only magazine showing undue heat was after 
10-inch magazine, which did not ex})lo(le. Torpedo warheads were 
stored in after part of ship under wardroom, and did not explode. 
Dry gun-cotton primers and detonators were stored in cabin aft, and 
remote from explosion. Waste carefully looked after under special 
orders of commanding officer; and varnishes, driers, alcohol, and like 
combustil)les, were stored on or above main deck. Medical stores 
were aft under wardroom. No dangerous stores below in any other 
storerooms. The coal bunkers insi)ecte(l daily. Of those adjacent to 
forward magazine four were emj)ty, while one Avas full of coal. This 
coal before it was received was carefully inspected, and the bunker 
was inspected by engineer officer on duty on day of explosion. No 
case of spontaneous combustion of. coal had ever occurred on the 
M/fi/u\ and fire alarms in bunkers were in working order. Two after 
boik'rs in use at time of disaster, but for auxiliary purposes only, at 
comparatively low temperature and under watch, and could not 
hav(> caused explosion. Four forward boilers found by divers in 
fair condition. Maine destroyed at 9.10, evening of February 15. 
Everything had been reported secure at 8 o'clock j). m., and all on 

oFor. Rel. 180S, 1024-1027. 

6 For. Rol. ISDS. 102!). 

"For. Kel. 1S!)S, 102!)-lo:!2. 104."), 104(V-107S. 



182 INTERVENTION. [§908. 

hoiuil was quiet. Thoiv \v(mv two distinct explosions, with brief 
interval. The first, with report like that of a ^wn, lifted ship very 
perceptibly. Second was more open, prolontjed, and of ^reat volume, 
and caused by i)artial ex|)losion of two or more of forward mapizines. 
Evidence obtained by divers as to condition of wreck more or less 
incomplete, but it appears after part of ship sank practically intact. 
As t« forward part, testimony estal)lished followin*;^ facts: 

" Portion of j)()rt side protective deck, which extends approxi- 
mately from frames l\0 to 41, was blown up aft and over to port. The 
main deck from ajjproximately frames »U) to 41 was blown uj) aft and 
slightly over to starboard, folding the forward part of the middle 
superstructure over and on toj) of the after part. This was in opin- 
ion of the board caused by j)artial explosion of two or more of for- 
ward nuigazines. But at frame IT the outer shell, from a point Hi 
feet from middle line of ship and (> feet above normal keel, was forced 
up and remained above watei', about H4 feet above normal position. 
The outside bottom ])lating is bent inward, and a jjortion about 15 feet 
broad and '^'2 feet long is doubled back upon itself. The vertical keel 
is broken in two at frame 18, and the flat keel is bent into an angle 
similar to that formed by the ])lating. This plate is now about 
feet below surface of water and 'M) above its normal ])osition. 
This effect could, in court's opinion, have been ])roduced only by 
explosion of a mine under bottom of ship. In conclusicm, court finds 
that loss of Mdhic was not due to any fault or negligence of any of 
oflicers or crew, but to explosion of a submarine mine, which caused 
partial explosion of two or more forward magazines. No evidence, 
however, obtained fixing responsibilty on any person or persons. 

'* Upon the facts as thus disclosed a grave resi)onsibility ai)pears to 
rest upon the Spanish government. The Maine, on a peaceful 
errand, and with the knowledge and consent of that (lovernment, 
entered the harbor of Ilabana. relying uj)on the security and protec- 
tion of a friendly port. Confessedly she still remained, as to what 
t(M)k place on board, undei* the jurisdiction of her own govermnent, 
yet the control of the harbor remained in the Spanish government, 
which, as tin* sovereign of the place, was bound to render j)rotecti<)n 
to persons and j)rop<'rty there, and especially to the ])ublic ship and 
the sailors of a friendly j)()wer. 

''The goNcrnnienl of the United States has not failed to receive 
with due apj)reciation the exj)ressions of sympathy by the govern- 
nii'ut of the Queen IJegent with the United States in the loss of its 
shij) and sailors. This fact can only increase its regret that the cir- 
cumstances of the v\\>{\ as disclosed by the report of the board of 
in(|uiry, are such as to r(M|uii'e of the Spanish government such action 
as is due where ihe sovei'eign rights of one friendly nation hav(^ been 
assailetl within the jurisdiction of another. The President does not 



§908.] CUBA. 183 

permit himself to doubt that the sense of justice of the Spanish nation 
will dictate a course of action suggested by the friendly relations of 
the two governments. 

" You will comnuniicate the contents of this instruction to the min- 
ister of state and give him a para[)hrase if desired."' 

Mr. Sherman. Sec. of State, to Mr. Woodford, iiiiii. to Spain, tel., March 
LTi, 181)8, For. Kel. 1898. lo;?*;. 

The foref^oinj; sunnnary was communicated to tlie Spanisli government 
Mardi 28. 1898. and on the same day the full report of the court of 
inquiry was transmitted to Congress. (For. Kel. 1898, 1042, 104.3; 
S. Doc. 207, .") Cong. 2 sess.) March 28 Senor Polo de Bernabe, 
Spanish minister at Washington, connnunicated to the Department of 
State the following extract from the reiM>rt of the Spanish commis- 
sion of in(iuiry : 

"The reix^rt contains the depositions of eyewitnesses and experts, and, by 
reproducing, by means of these depositions, the act of explosion, at 
each moment of its duration, in its external appearances, proves the 
absence of all tlie incidents which always necessarily accompany 
the explosion of a torpetlo. 

" It is known, through these same depositions of witnesses very near 
the Ma'mr. that there was only a single explosion; that no column of 
water was thrown up ; that there was no movement of the water ; 
that there was no dash of the water against the sides of the nearest 
vessel ; that there was no shaking of the shore, and that no dead 
fish were seen subse<iuently. The de]>osition of the chief pilot of the 
port shows that there was a great abundance of fish in the bay after 
th<» explosion, and tlie same thing is asserted by the assistant engi- 
neer of tlie harbor works, who says that he has always found dead 
fish after many explosions (blastings) made for the works in the bay. 

"The divers, when examining the hull of the Manic, could not see its 
bottom, as it was l)iu"ied in the mud. but they examined the sides, and 
the rents in them outwards are an infallible sign that the explosion 
was internal. 

" When the bottom of the bay around the vessel was examined not a 
single sign of tlie action of a torpedo was found, and. moreover, the 
(listrict attorney (fiscal) finds no precedents of the blowing up of the 
magazines of a vessel by torpedoes in any case. 

"The rei>ort states that the peculiar nature of the procedure followed and 
the thorough observance of the ])rincii)Ie of the extraterritoriality of 
the Maine have i»revented the making siicli investigations in the 
interior of the vessel as would furnish the means of deciding, at 
least hypothetically. the internal cause of the disaster; and this 
inability was increased I)y the unfortun.ite refusal which ])revented 
the establishment of the necessary and approi)riate cooperation be- 
tween the Spanish connnission on the one side, and the connnander 
and crew of the Maiur, the American officials connnissioned to investi- 
g.-ite the causes of the event, and those subse(iuently charged with 
the recovery (salvamento) on the other side. 
"Lastly, the report ;i(lirms that the int«>rnal .-ind external examination of 
the ]faiiir. when it can be accomi»lished. and i»rovide(l the laliors for 
the tot.'il or ]iiirtial recovery of the wreck do not c.iuse .-iny cli.ingi* 
in it, and the examin.-ition of the spot in the li;iy where the vessel is 



184 INTEKVENTIOX. [§ 008. 

sunk, will jn'ovo tluit. as has boon said, tho oxplosion was prodiicod 
by an internal rauso." (For. Uol. ISifS. 1044.) 
Tho full roimit (>r tlio Spanish connnission was coniniunicatod to tho 
Doi.arlniont of Stato April 2, l.SUS. (S. Hopt. HS."), ;->.") CouK. '-' soss. ; 
For. Rol. ISUS. KM."..) 

A (locri'o (lissolviiio; the C'ortos was signed Fob. '2(>, 1898. The new 
Cortes was to meet A})ril 'J.")." 

" The President's niessap' to C^wofress at the opening of the present 

session verv fuilv set forth the information [)ossessed 
Situation in Cuba. , ,,• " ',, ,. ,, ., ^. -/ii 

l)v tins orovernment touclimg the situation in C iu)a, 

hotli as to its actual condition and its future prospects, and presented 

as much in (U'tail as was possibU^ uikUm- tlie circumstances the views 

and j)olicv of this orovernment in regard thereto. 

" Since that time I have refrained from writing you instructions on 
the subject, i)artly because the benevolently exi)ectant attitude of the 
government of the United States with regard to the hap|)enings in 
Cuba continued unaltered and ])artly becaus<> the changing lights 
thrown ui)on the situation from week to W(>ek made definite apprecia- 
tion and comment imi)ractical)le. 

'• Two months have now elapsed since the installation at Habana of 
the autonomist government of Cuba. More than two months have 
now i)assed since the substitution of Marshal Blanco for General 
Wevler and the adoption of a modified rule of conduct in the prasecu- 
tion of hostilities against the Cuban insurgents. During this time 
the Department has sought to keej) itself well informed of the' actual 
situation and its immediati* probabilities through our various agencies 
in Cuba. So far as my oi)portunities of observation and knowledge 
go. I am as yet unal>le to discern the favorable advances which were 
gladly anticii)ated from the changed order of things. 

*' r i-eview the present situation i)riefly for your confidential infor- 
mation. >olely to aid you in aj)i)reciating any statements wliich may 
be made to you and in shaping your own discreet course. 

"• l'"ir>(. as to the condition of the wai' in Cuba. The testimony 
wliieh reaches me is concurrent as to the absence of any sui)stantial 
success <d" the .S|)jinish arms. No change has supervened in the con- 
duct of hostilities on either side save that fewer regrettable excesses 
on the part of" the Spanish ti'oops ai'e now repoi'ted. Indeed, their 
operation- haxc not a|)i)eare(| during the past three months to have 
been a> eneigetic as before. Vvw encounters are reported. Whether 
this 1)0 due to th<' i'e(luce<l mnubers of the Spanish foi'ces through the 
sickn<'>s and casualties incich'nl to all wars and to the return to the 
Peninsula of trooj)s who have sei'xcd their time, oi- to the <lecreased 
productiveness of the inland itself, due to the destruction of the nor- 

" For. Kel. IS'.iS. CC,.-. 



§ 908.] CUBA. 185 

mal source of supply and attended by enhanced difficulty of keeping 
u}) an etl'ective commissariat, is a matter of conjecture. Both these 
general causes may perhaps all'ect the situation. It is reported that 
many of the troops have been widely scattered throughout the plan- 
tations ostensibly tor the pur]X)se of their protection, but being in fact 
billeted upon the interior estates in much larger numbers than hereto- 
fore and drawing their subsistence from the already impoverished 
resources of the interior country. Meanwhile the insurgent forces 
continue to control a large part of the eastern region while making 
demonstrations and forays in the westward parts without substantial 
check. The recent expedition of General Blanco to the central dis- 
trict appears to have been barren of military results. On the whole, 
inaction rather than activity has marked the last three months' 
conduct of the war. 

" In the second place, the autonomist government of Cuba appears 
to have been exteij/led from Habana to several of the principal cities 
and districts of <he island with every disposition to place depart- 
mental and nninicipal authority in the hands of native Cubans or of 
Spanish residents known to be favorable to the scheme of autonomy. 
There can be no ground to doubt the entire good faith of the Spanish 
government in thus installing and extending within limited areas 
the decreed system of autonomy. While its operation is thus re- 
stricted to narrow fields and is still in a period of transition, it may 
be j)remature to judge how far it effectively supplies a remedy for the 
evils under Avhich the Cuban administration has admittedly labored 
for many years past,' Besides being thus circumscribed in its opera- 
tions, the financial problem appears to confront the autonomist gov- 
ernment with considerable urgency, and indeed no other condition 
would well be exjKH-ted in view of the wholesale destruction of the re- 
sources of the island within and of the diminution of its external 
commerce, 

"Thirdly, as for the effect of the offer of autonomy ujion the insur- 
gents in the field, it must be confessed that no hopeful result has so 
far followed. Beyond a few isolated submissions of insurgent chiefs 
and their following no disposition ai)pears on the part of the leaders 
of the rebellion to accept autonomy as a solution. On the other hand, 
the hostility of the Spanish element in Cuba to this or any form of 
autonomy is apparent, so that the insurgurated reform stands between 
the two adverse fires of hostile opj)()sition in the field and insidious 
malevolence in the very centers of government. That the latter form 
of opposition would be reduced and eventually overcome in propor- 
tion as autonomy proves a success may well be admitted; that auton- 
omy is of itself, and unaided by military success, capable of winning 
over the insurgent element remains a doubtful i)roposition. 



186 INTKRVKNTION. [§ 008. 

" Fourthly, tho condition of the ishmd in its financial and j)ro- 
diictive aspects has not changed for the better. It is rather, if any- 
thinfr. v.orse. The endeavors of the representatives of the peninsular 
iuithority and the domestic autonomist ffovernment to relieve the 
destitution and distr<'ss which pivvail have heen abortive. The policy 
of concent rat in<i: the rural po])ulation in and around the ijarrisoned 
towns, while leaviiii; their fields and homes to decay and destruction, 
has worked its "inevitable result. Day by day the condition of the 
i-econcentrados becomes more i)itiable. while day by day the power to 
relieve them, however <;ood may be the disposition to do so, decreases 
with the exhaustion of the resources of the island itself. From 
Matanzas, Sa<jua, Santiaiifo. and other princi])al centers of reconcen- 
tration the same a])i)aHin_i; tale of misery, suffering, and death reaches 
me. The authorities are confessedly powerless to relieve the situa- 
tion. Even the excessive diminution of the number of these unfor- 
funates by death, estimated by consei-vative Spanish authorities to 
amount to about ^A) per cent of their numbei* since the policy of 
the dei)()pulation of the interior was inau<j:urated does not make it 
easier to relieve the survivors, for the exhaustion of means to do so 
more than kee])s i)ac(> with their diminished numbers. Our consuls 
re])()rt that even the Spanish army itself suffers fi-om this ])aralysis 
of means and su|)])lii's. and if it be admittedly impracticable to keep 
u]) the couMuissariat and pay the soldiers of Spain, it is not rational 
fo suj)j)ose that the condition of the unfortunate reconcentrados can 
be materially relie\-ed, esjx'cially if reliance is placed on the j)rivate 
charity of the already strai<rhtened islanders, i 

'' The decices permittin<r the sufferers to return to their plantations 
and resume theii" a<j:ricultural labors have been barren of ivsult. 
Their fields are waste. The few estates which, under the jruard of 
t loops, have (Mideavored to icsume Oj)erations do not afl'ord lo(l<rment 
for a tithe of the destitute. These are mostly women and children, 
or old UM'ii incapable of field work. Even could they return to their 
homes tliev could not till the soil and j)lant and raise ci"oj)s, noi' sup- 
port themselves until the harvest should mature. Tiuit foi-m of relief 
has ])i'ove(l wholly inadecpiate. 

"'The distressin<; situation of the icconcentrados has aj^pealed very 
stroii^'^ly to the generous heart of the American people, and under the 
initiative of the President every effort has been made to organize and 
ap|)ly systematic relief thi'ough |)rivate donations here and distril)u- 
fion i)v the availal)le chamiels in Cuba. However generously our 
counti'vmeii have responded to this a))peal, theii' efforts can relieve 
but a very small |)ortion of the suffering, and that only within the 
naiM'ow limits of the larger towns and theii' innnediate surroundings. 
The work of relief is being earnestly |)ressed, but it is painfully in- 
suflicient to me«'t the situation. 



§908.] CUBA. 187 

" 111 obedience to resolutions of the Senate and House, selections of 
the consular correspondence regarding the present situation in Cuba 
have been made, but I can not at present say when they will be sub- 
mitted. It is sufficient for my present purpose to inform you that tho 
reports of the consul-general and the several consuls in Cuba substan- 
tiate the pitiable tale of suffering and death, of impoverishment and 
destruction of resources, and of substantial lack of change in the 
military situation which the press has published to the world. The 
only redeeming feature of the situation is the advance made in the 
district of Cionfuegos. where less destitution exists than in other 
departments, and where, under heavy guard, many of the mills have 
resumed operations. 

" I append for your further information copy of a careful and 
valuable report made to the Secretary of the Navy by Commander 
(x. A. Converse, conunanding the IT. S. S. Moiit<jo)nenj, which re- 
cently visited the port of Matanzas, in which is recited the situation 
in that province. 

" This instruction, as I said before, is written for your confidential 
information and it is not expected that you will couununicate any of 
its statements to the Spanish authorities, but you will bear these facts 
in mind in your intercourse with them.'' 

Mr. Sliernian. See. of State, to Mr. Woodford, min. to Spain, " confiden- 
tial," March 1. 1808, For. Kel. 18D8, CGt;. 

March 1. 1898, ]Mr. Woodford cabled a report of an interview with 

Senor JVIoret, minister of the colonies, containing, 

Objections to Con- j,j .^ ^ummarv of the latter's remarks, the following: 
sul-GeneralLee. • p i • T 

■' The last, but not the least, cause of danger is the 

behavior of Consul Lee. Sj)aiii can not consider him a reliable man, 
and is entitled to say that his rejxjrts are misleading and untrust- 
worthy. Consul Lee freely admits he is corresponding with the 
insurgents and openly avows that he is deadly against autonomy. 
The insular govi'rnuient disti'iists him as well, and is much inclined 
to solicit his recall.**" 

Mr. Day, Acting Secretary of State, rei)lied : ''The President will 
not consider any pi'oposal to withdraw (leneral Lee. Even a sugges- 
tion of his recall at this time would be most unfortunate from ev'ery 
point of vi(>w. Our information and belief is that throughout this 
crisis (leiieral Lee has Ijorne himself with great ability, prudence, and 
fairness.** '' 

March 4 Mr. Woodford cabled: "There will be no suggestion of 
recall of consul-general of the United States at Ilabana. The min- 
ister [of the colonies I fully appreciates the situation.**'' 



a For. Rd. 1808, C.T.VCTU. & For. Itcl. 1808, (JTO. 



188 INTERVENTION. [§908. 

Til a personal letter to the President, dated March 17, 1898, and 

, „ , numbered 48, Mr. Woodford, reviewing what had 
General Wood- .' ,,ii ?ij?i 

ford's negotia- taken place Since he went to Madrid, and the failure 

*"°'- of efforts to reestablish order in Cuba, stated that 

he liad reluctantly reached the conclusion that the only certainty of 
peace lay in the American ownership and occupation of the island. 
He therefore requested permission to treat for its acquisition, should 
the opportunity ever be presented." 

In another letter, written the next day and numbered 44, he wrote 
that the peace party had triumphed in the Spanish cabinet, and 
narrated an unofficial interview which he had just had with Senor 
Moret. In this interview he expressed, purely in his personal capac- 
ity, the opinion that the only power that could compel i>eace in Cuba 
was the United States, and outlined a possible plan for the ultimate 
transfer of the island. He reported that, at the close of the con- 
versation, Senor Moret said, substantially: " I do not commit myself 
to details. The ri«i:ht way can be found if we will both do our best, 
and I will work with you for peace, and I am sure we shall get to- 
gether as to details. This must be confidential between us, for we 
are not talking as officials."'' 

In yet another letter, dated March 19 and numbered 40, Mr. Wood- 
ford referred to a telegram which he had sent to the l^resident dur- 
ing the (lay. It is given below. Before sending it he exhibited it 
to Senor Moret, who stated that he could not a])[)rove it officially, as 
he had not the necessary authority, but that he would ])ersonalIy 
work with him to secure the results indicated in it. Senor Moret 
also stated that the Queen had not been cognizant of any suggestion 
that she wished to discuss any possible cession of Cuba, either to the 
insurgents or to the United States; that she desired to hand over 
his patrimony unimpaired to her son when he should reach his 
majority, and that she would rather abdicate the regency than be 
the instrument of parting with any of Spain's colonies. Mr. Wood- 
ford thought, however, tliat Senor Moret regarded the parting with 
Cuba as inevital>le, and that he would probably find an honorable 
way to do it.*^ 

'• My No. 45. Unless report on the steamer Maine requires imme- 
diate action, I suggest that nothing be decided or done until after the 
receipt of my personal letters 48, 44, and 40, which my second secre- 
tary of legation will carry from (libraltar Monday, March 21. I 
also suggest that you authorize me to tell the Queen informally, or 
anv minister indicated bv her, that vou wish final agreement before 



"For. U«'l. 1S!»S. tis.vnss. ft For. Ilcl. ISOS, (i.SH-(;!)2. ''For. Hoi. ISDS, G9.'{. 



§008.] CUBA. 189 

April 15. If you will acquaint me fully with general settlement cle- 
ared I believe Spanish gov^ernment will offer without compulsion 
and upon its own motion such terms of settlement as may be satis- 
factory to both nations. Large liberty as to details should be con- 
ceded to Spain, but your friendship is recognized and appreciated, 
and I now believe it will be a pleasure to Spanish government to 
propose Avhat will probably be satisfactory to you." 

Mr. Woodford, iiiiii. to Spain, to President, tel., March 19, 1898, For. 
Rel. 1898, 092. 

" President is at loss to know just what your telegram lOth covers, 
whether loss of Maine or whole situation. Confidential reports shows 
naval board will make unanimous report that Maine was blown up by 
submarine mine. This report must go to Congress soon. Feeling in 
the United States very acute. People have borne themselves with 
great forbearance and self-restraint last month. President has no 
doubt Congress will act wisely and innuediate crisis may be avoided, 
particularlv if there be certainty of prompt restoration of peace in 
Cuba. 

" Maine loss may be peacefully settled if full reparation is promptly 
made, such as the most civilized nation would otter. But there re- 
mains general conditions in Cuba Avhich can not be longer endured, 
and which will demand action on our part, unless Spain restores 
honorable peace which Avill stop starvation of j)eople and give them 
opportunity to take care of themselves, and restore conunerce now 
wholly lost. April 15 is none too early date for acc()un)lishment of 
these i)urposes. delations will be nnich influenced by attitude of 
Spanish government in Maine matter, but general conditions nuist 
not be lost sight of. It is j)roper that you should know that, unless 
events otherwise indicate, the President, having exhausted diplomatic 
agencies to secure peace in Cuba, will lay the Avhole (juestion before 
('(Nigress. 

" Keep President fully advised, as action of next few daA's may con- 
trol situation." 

Mr. Day, Act. Sec. of State, to Mr. Woodford, niin. to Spain, tel., March 
20, 1898. For. Kel. 1898, ()92. 

" jVly No. 47. Dispatch signed Day received to-day, Monday, 
10 o\-h)ck a. m. I had no intimation as to the character of report on 
the Maine when I telegraphed my No. 45, but reserved your full lib- 
erty of action if such rejjort should recjuire it. Nothing confidential 
between Sj)anish government and myself as to steamer Maine. That 
subject never discussed between us. All other suggestions in my No. 
45 should be absolutelv secret. V\\\\ keep you fully advised everv 
day." 



190 INTKUVKNTION. [§908. 

Mr. Woodford, iiiiii. to Spain, to tlio ITcsidciit, tel., March 21, 18'J8, For. 
Kel. ISOS. (•,!>,">. 

'' My No. V.K This nioriiiii<; (Tiiosday) 1 sji^v the minister of tho 
colonics at his lioiise. Asked liiin whether I slioiild talk ofticially or 
j)ersoiially. He replied. |)ers()nally. I eoniinenced by sayin*^: ' I 
have sent a telegram, Avhich I read to yon March 19, and have re- 
ceived re])ly. I oii<rht to noAv say to you that the report on the 
Mdinc is in the hands of the President. I am not to-day authorized 
to disclose its character or conclusions, but I am authorized to say to 
you that beyond and above the destruction of the Maine, ludess some 
satisfactory a<rreement is reached within a very few days, which will 
assure innnediate and honorable j)eace in Cuba, the Prxjsident must 
at once submit the whole (piestion of the rehitions between the United 
States and Spain, incliulin<i: the matter of the M/ihic, to the decision 
of Conixress. I will tele«;^rai)h immediately to the President any 
sujnfffestion that Spain may make, and I hope to receive within a 
very few days some definite proposition tliat shall mean innnediate 
I)eace.' 

"After brief and courteous conversation, he asked me if I was au- 
thorized to say officially to the Spanish minister of foreign aifairs 
what I had just said tuiofficially to him. I replied tjuit I was so 
authorized, and, at liis recpiest and on his assurance that he believed 
it would l)e in the interest of early peace, I sent official note to Span- 
ish minister for foreif^n affairs askinjj^ interview at his house on 
AVednesday afternoon, March 23, with minister of colonies i)resent as 
interj)reter, and will then repeat officially what I said tuiofficially 
this luornint;, and will receive any sti<rji:<^stions that may be made and 
tele<rraph the same to you, without committing you or oiu' govern- 
ment in any manner. 

" Should I be asked to stiggest what might l)e acceptable to you, 
please instruct me by telegraph as to my answer." 

Mr. Woodford, iiiiii. to Spain, to the rrosidciit. td., March 22. 1898, For. 
\M. 181>S. (HM-,. 

March 2.''., 18it8, Mr. Day replied: " Th<' Tresideiit approves your state- 
ment to tlu' minister for the colonies, as j,'iven in your No. 4!>. lie 
will await your tele^rram after your intervi«'\v with the minister for 
forei^'ii alTairs." (For. Hel. 18tt8. C'.K',.) 

" No. r»l. Had interview with the minister for foreign affairs this 
afternoon. AA'e(li!es(lay. in the presence of minister for the colonies. 
Made official stat<Mnent in exact terms used at ju'rsonal interview with, 
the minister of the colonies. re|)()rted in my No. 4t). 

"Spanish minister for foreign affairs asked delay until beginning 
of the rainy season and asserted his belief that insular government 
will secure arrangement with insurgents before then. I told him, 



§908.] CUBA. 191 

kindly but liniily, that I did not believe siieli delay to be jwssible 
and that my government wished innuediate and honorable i)eace. I 
repeated that unless satisfactory a<>Teement is reached within a very 
few days you nnist submit the whole question to Con<j:ress. 

'' S[)anish Cabinet met immediately afterwards. I do not yet 
know their decision. jNlinister for the colonies will come to my resi- 
dence to-morrow morning;. Thursday. I will then tele<i:ra])h fully." 

^Ir. Woodford, iniii. to Spain, to the I'resideiit, tel.. Mareli 'Ili, ISUS, For. 
I{ol. 18!»S. U!)(i. 

'' Xo. 58. The minister for the colonies called this afternoon 
(Thursday) at my residence. The interview was [)urely personal and 
in no sense official and l)inds only the future action of the minister 
himself. He proposed that the Spanish government, in answer to 
the statement made by the American minister March 23, instant, shall 
officially suggest that the (piestion of an eai-ly and honorable peace in 
Cuba be submitted to the Cuban congress, as soon as assembled, which 
will be at Habana on May 4, and that the Spanish Government will 
give such Cuban congress all necessary authority to negotiate and con- 
clude such peace. 

"" I asked him what about military operations in Cuba between now 
and May 4. He re])lied an immediate armistice or truce to be en- 
forced by the Spanish government upon its army provided the United 
States can secure the acceptance and enforcement of like inanediate 
truce by the insurgents. 

" I then asked, Supposing the insular government and congress can 
not arrange terms for i)ermanent peace with the insurgent govern- 
ment before the 15th of next September, which will be the end of the 
rainy season? He replied that he would personally advise his min- 
ister that the government of Spain and the United States should, in 
such event, jointly compel both i)arties in Cuba to accept such set- 
tlement as the two g<)\'erimients should then jointly advise, such 
lerms to be arranged between the two governments of Si)ain and the 
United States befoiv the 15th of next September. He told me that 
the minister for foreign atl'airs would i)r()bably conununicate some 
such ])ropositi<)n to luo officially to-morrow (Friday) in answer to 
my official statement of yestei'day (Wednesday). 

"• I rei)lied that T could give him no assurance or intimation as to 
whether such pro])osition would be acceptable to you, but that I 
would telegraph this report of our personal interview at once to you: 
and. at his re({uest. I give him copy so that he may-know that I tele 
grai)h just what was said betwi'cn us. 

" Should T receive official connnunication from minister for foreign 
affairs, I will telegraph same innuediately to State Department. 



1V>2 INTERVENTION. [§^08. 

Should I <;('t no siu'li coiiiiminioation, to-iuorrow( Friday) I will also 
t«'U'«rrapli." 

Mr. Woodford, iniii. to Spain, to the rrosidcnt. tcl.. March 24, l.St)8, For. 
Uo]. IS'.tS, (;!>7. Si'c Mr. WocMlford. luin. to Si)ain, to Mr. Sherman, 
Sw. of Stat«>, Marcli 25. ISiKS, For. Uel. IStKS, OUS-TOl. 

"My No. r)(). Official interview this afternoon (Fri(hiy) with 
minister for i()rei«;n ali'airs. He assures nie positively that Spain 
will do all the hio:hest honor and justice recpiire in the matter of the 
Mdi/w. 

"As to the lar<rer matter of peaee in Cuba he sends me this (Fri- 
day) eveninof the followin*^ official memorandum, which I telegraph 
verbatim, as follows: 

'* *A.s to the last part of the document handed to the minister of 
state by his excellency the United States minister — that is to say. as 
to a su«ri!:<^'stion or ])r()i)osal which mi«rht be made by Spain in order 
to secure an immediate and honorable peace — Iler Majesty's ijovern- 
ment are at i)resent, more than ever, of opinion that the su<;<j:estions 
and means repeatedly mentioned to the United States woidd in a 
very short time brin«2: about the peace so eagerly desired by all. If, 
however, the United States government in making known in ditl'er- 
ent terms and under fresh aspect this recjuirement of an honorable 
and innnediate i)eace has in mind conditions for the making or con- 
solidation of peace, which are or may be directly or indirectly con- 
nected with the political system already established in Uuba, Her 
Majesty's ministers consider it their duty to remind in all sincerity 
the said government that nothing can be done in this direction with- 
out the natural participation of the insular parliament, wliich is to 
meet on the already near date of May fourth j)roximo, and will give 
its special attention either spontaneously or on the motion of the rep- 
resentati\(' of the central government to the measures most appropri- 
ate for raj)idly bringing about a lasting peace in the island.' 

•• Spanish memorandum ends here. 

'• It is so vague that it involves uncertainty. I asked Spanish 
minister for foreign affairs whether his govermnent would grant and 
enforce innnediate armistice if insurgents will do the same. He can 
not answei- until he consults his cabinet. Personally he opi)oses ar- 
mistice. .Vfter getting the official memorandinn to-night, I called ujxm 
minister for colonies at his house. He insists that memorandum 
means that the (piestion of an early and honorable j)eace shall be sub- 
mitte(l i)y Spanish government to Cuban congress on May 4, and tiiat 
S|)ani>h govci'imicnt will give such Cuban congress all necessary 
authority to negotiate and conclude peace, provided such authority 
sliall not diminish or interfere with the constitutional power vest<>(l 
by tlu' Cul)an constitution in the central govej-njnciit. He says that if 



§ 908.] CUBA. 193 

we asked for immediate armistice, lie believes Spanish government 
will grant and enforce armistice on sole condition that insurgent gov- 
ernment does same. If you approve these suggestions and believe 
they will lead to immediate peace, I ask authority to put these two 
direct questions to Spanish minister for foreign affairs: First. Does 
your memorandum mean exactly what the minister for colonies says, 
employing his precise words? Second. Will you decree and enforce 
innnediate armistice until the end of the rainy season if insurgent 
government will do the same? I believe that if immediate peace can 
be secured now, lasting until September 15, hostilities will not be 
resumed." . . . 

Mr. Woodford, luiu. to Spain, to tlie President, tel., March 25, 1898, For. 
Kel. 1898, 70.3. 

" The President's desire is for peace. He can not look upon the 
suffering and starvation in Cuba save with horror. The concentra- 
tion of men, women, and children in the fortified towns and i)ermit- 
tiiig them to starve is unbearable to a Christian nation geogra2:)hically 
so close as ours to Cuba. All this has shocked and inflamed the 
American mind, as it has the civilized world, where its extent and 
character are known. It was represented to him in Xoveuil)er that 
the Blanco government would at once release the suffering and so 
modify the Weyler order as to peruiit those Avho were able to return 
to their houies and till the fields from which they had been drn-en. 
There has been no relief to the starving except such as the American 
])eople have supjilied. The reconcentration order has not been prac- 
tically superseded. There is no hope of peace through Spanish 
arms. The Spanish government seems unable to conquer the iusur- 
gents. More than half of the island is under control of the insur- 
gents; for more than three years our people have been patient and 
forbearing; Ave have patrolled our coast with zeal and at great 
expense, and have successfully j)revented the landing of any armed 
force on the island. The war has distui"l)ed the ])eace and trancpiillity 
of our people. We do not want the island. The President has evi- 
denced in every way his desire to preserve and contiinie friendly rela- 
tions with Spain. He has kept every international obligation with 
fidelity. He wants an honorable peace. He has repeatedly urged 
the government of S})ain to secure such a peace. She still has the 
opportunity to do it, and the President appeals to her from every con- 
sideration of justice and humanity to do it. AVill she? Peace is 
the desired end. 

" For your own guidance, the President suggests that if Spain 
Avill revoke the reconcentration order and maintain the peoj)le until 
they can support themselves and offer to the Cubans full self-govern- 
H. Doc. 551— vol G 13 



194 INTKRVENTIOX. [§ i)08. 

inciit. Avith rojisonahlo indemnity, the Prosidont will gladly assist 
in its consuniniation. If Sj)ain should invite the United States to 
mediate for i)eaee and the insurgents would make like request, the 
President might undertake sueh office of friendshi]). 

Mr. n:iy, A»-t. S*h-. of State, to Mr. WotMlford. luin. to Spain, tel., March 
2«». ISUS— 12.1(t a. 111.. For. Hel. 1898. 7(>4. 

'• My personal No. .'■),s. This morning I got memorandum from 
Sj)anish minister for foreign affairs. I telegraph verhatim all that 
refers to steamer Mdim . The halanee of memorandum is exactly 
what I telegraphed in my personal Xo. aC). 

•' *At the time the cabinet was informed of the conference which 
had taken place on the afternoon of Wednesday, March 2.'^. at the 
residence of the minister of state, between the latter, the minister 
lor the colonies, and the United States minister, it was in ])osses- 
sion of news somewhat altering the bearings of the (juestions briefly 
treated in the course of that interview. 

'• • It now appears that the captain of the U. S. cruis<M' Maine has 
asked leave to destroy with dynamite the wreck of his ship, thus 
annihilating the only proofs which, in case of doubt or disagree- 
ment, could be again examined in order to determine, if necessary, 
the cause and nature of a catastroi)he in the midst of which Spanish 
sailors and officials disi)layed the greatest abnegation and oblivion 
of aU j)ers<)nal risks and a generous wish to circumscribe or diminish 
the dreadful calamity which ln'fell the crew of the American vessel. 

" ' p]ven without seeing in the recpiest of the captain of the Maine 
any other meaning than that personally expressed in the petition 
signed by him, the Spanish government considers as uttei-ly unjusti- 
tiable and inadmissible the resolution which submits to a political 
a.ssembly the rejxirt drawn uj) by the official American board of 
inquiry on the causes and circumstances of the blowing up or ex[)lo- 
sion of the Maine. As yet nothing is known of the report of the 
Spanish conjmission. After having invited in vain the United States 
naval officers to take part in its labors and go through the neces- 
sary investigations conjointly with its memhers. it has finished and 
drawn up its conclusions with a conijilete knowledg(^ of the scene of 
r disaster so deplorable and painful for all S|)aniar(ls. One of the 
piincipal. if not the principal, basis of judgment is therefoi'e wanting 
for every individual or body of men who may wish to Aveigh the 
facts with jx'rfect impartiality. Under these circumstances, to |)lac(! 
In'fore a j)oj)ular deliU'rating assembly, without correction, ex])lana- 
lion. or coiniterproof of any kind, a r«'port wh.ich. issued 1)V the 
fellow-citizens of the memln'rs of that body, nuist necessarily meet 
with ajq)roval. ins])ired i-ather by sentiment than by reason, is not 
only to resolve beforehand a possible future discussion, but ai>par- 



§y08.] CUBA. 195 

oiitly reveals an intention of allowing national enthusiasm, conmiis- 
cration, or other like natural and coniprehensihle feelings, so fre- 
(luently found in all numerous and patriotic assemblies, to form an 
ir priori judgment not founded on proof and to reject, before even 
knowing its terms, any affirnuition Avhich may give rise to doubt or 
seem distasteful. 

'' ' The most elementary sense of justice makes it in these cases a 
duty previously to examine and discuss in an atmosphere of absolute 
calnmess two dirt'erent incpiiries tending to one connnon end. Only 
in the supposition of an irreconcilable discrepancy or complete oppo- 
sition between one and the other would it be proper to submit them 
jjs cHjuity demands to evidence less prone to prejudice and, if neces- 
sary, to fresh investigations and different judges.' 

'' Spanish memorandum ends here. 

" JVIinister for the colonies will be at my residence to-night. Will 
telegraj)h you probably to-morrow, Sunday." 

Mr. Woodford, niin. to Spain, to President McKinley, tel., March 26, 1898, 
For. Kel. l.SOS. 7U). 

'• IJelieve the Mdiyic report will be held in (^ongress for a short 
time without action. A feeling of delibei-ation ])revails in both 
Hou.ses of Congi-ess. See if the following can be done: 

" First. Armistice until October 1, negotiations meantime looking 
to |)eace between Spain and insurgents through friendly offices of the 
President of the United States. 

•• Second. Immediate revocation of reconcentration order so as to 
permit i)eople to return to their farms and the needy to be relieved 
with |)ro\"isions and supplies from United States, cooperating with 
authorities so as to afford full relief. 

''Add if jiossible: 

"■ Third. If terms of peace not satisfactorily settled by Octol)er 1, 
\Aw I*i-esi(l(Mit of the United States to be final arbiter between Spain 
and the insurgents. 

" If Si)ain agrees as above. President will use frieiuUy offices to 
get insurgents to accept the j)hui. Prompt action (k'siral)le." 

Mr. Day. .\(1. Sec. of State, to .Mr. Woodford, iiiin. to Si)alii, tel., Sunday, 
March 27. lS-t,S— :! j). in.. For. Kel. 1S!»S, 721-722. 

'* Ti^legraphic instructions, signed ' Day,' dated March 25, received 
Saturday evening, March '2(>. Do the words 'full self-govermnent ' 
mean actual recognition of iiuk'pendence, or is nominal Spanish 
sovereignty over Oiiba still permissible? 

•■ Instruct me fully as to what the words 'with reasoiuible indem- 
nity ' mean and imply. 



196 INTERVUNTION. [§908. 

•• rndor Spanish constitution, ministry can not recoffni7e inde- 
pcndence of Cnba or part with nominal sovereignty over Cuba. 
Cortes aK)ne can do this and Cortes will not meet until April 25, 
If I can secure innnediate and eirective armistice or truce between 
Spanish troops and insurji:;ents, to take effect on or before April 15, 
will this be satisfactory? 

'• It is i)ossible that I may induce Spanish ministry to submit the 
(juestion of an early and honorable peace to the Cuban confess, 
which will meet at Havana on May 4, and that Spanish Government 
will <rive sucii Cuban congress all necessary authority to negotiate 
and conclude peace, j)rovided such authority shall not diminish or 
interfere with the constitutional power vested by the Cuban con- 
stitution in the centi'al government. If I can secure these two things 
with absolute and innnediate revocation of concentration order, may 
I negotiate? 1 believe that an innnediate armistice means present 
and ])ermanent peace. Also I believe that negotiations once open 
between insurgents and the Cuban government some arrangement 
will 1k' reached during the summer which the Spanish home gov- 
ernment will aj)prove, and that Cuba will become practically inde- 
j)en<lent or j)ass from Spanish control. President of council of 
ministers wishes pei-sonal interview as to annistice, but I will not 
see him until after I get your reply to this telegram." 

Mr. WfXKlfdnl. niin. to Spain, to Mr. Day, As.sist. See. of State, tol., 
.Miin-li 27. 1S<.>8, For. Kel. 1808. 71;?. Marcli 28 Mr. Woodford canU'd : 
" rrcsciit ^overiunciit will have lar^e workinj? majority in new 
Cortes. Conservative minority will b(> led by Silvela and Tidal. 
Koniero Kobleilo has hut .six uiemhers ; Carlists only four or five; 
the Kepuhlicans about ten." (For. liel. 729.) 

'* Your cabh' 27th received. Full self-government with indemnity 
would mean Cuban indei)en(lence. As to other matters, see Sunday's 
telegram. \'ery important to have definite? agreement for deter- 
mining peace after armistice, if negotiations pending same fail to 
reach satisfactory conclusions." 

-Mr. l>My, Assist. Sec. of State, to Mr. Woodford, uiin. to Si)ain, tel., 
.March 28, 18<.»8. For. Uel. 18!»8, 7i:{, 722. 

" 'I'he l*re>iident's message, with Maine rej)ort, read in both Houses; 
refeiTed without debate to Connnittees Foi-eign Ailairs. The House 
adjourned," 

.Mr. Day, Assist. Sec. of State, to .Mr. Woodford, min. to Spain, tel., 
Monday. .March 28. ISKS :•, p. m.. For. Kel. 18'.t8, 722. 

''■ Important to have ])r()nipt answer on armistice? nuitter." 

Mr. Day, Assist. Sec of State, to Mr. Woodford, min. to Spain, tel., Mon- 
day, .March 28, 18!J8— 10 p. ui., For. Kel. 181)8, 713, 722. 



§908.] CUBA. I9(f 

" Xo. GO. Have had conference this afternoon, Tuesday, with the 
president of the council, the minister for foreign affairs, and min- 
ister for colonies. Conference adjourned until Thursday afternoon, 
March 31. I have sincere belief that arrangement will then be 
reached, honorable to Spain and satisfactory to the United States, 
and just to Cuba. I beg you to withhold all action until you receive 
my report of such conference, which I will send Thursday night, 
March 31." 

Mr. Woodford, min. to Spain, to President McKinley, tel., March 20, 1808, 
For. Uel. 1808, 718. 

See, also, Mr. Woodford to Mr. Day, Maroli :^0, 1808, For. Rel. 1808. 721- 
724, siving an account of the conference referred to in the foregoing 
telegram. In this conference Mr. Woodford presented the first and 
second " suggestions " contained in Mr. Day's telegram of March 27, 
supra. In the course of conversation Mr. Woodford said " tliat the 
sober sense of the American people insisted upon immediate cessation 
of hostilities ; that the recent speech of Senator Proctor, who is one 
of the most conservative and i-eliable of our public men, had so con- 
vinced American i»ublic sentiment that longer prosecution of the war 
jnust now be prevented." (For. Rel. 1808, 720.) 

" Your Xo. GO just received. It is of the utmost importance that 
the conference be not postponed beyond next Thursday and definite 
results then reached. Feeling here is intense." 

Mr. Day, Assist. Sec. of State, to Mr. Woodford, min. to Spain, tel., March 
20, 1808— Tuesday, p. m.. For. Rel. 1808, 718, 722. 

March ;?0, Mr. Woodford cabled in reply : " There will be no delay beyond 
Thursday, March 31. If definite results are not then reached, I 
shall close negotiations." (For. Rel. 1808, 721.) 

" Your Xo. ()0 is encouraging, but vague as to details. The United 
States can not assist in enforcement of any system of autonomy." 

Mr. Day, Assist. Sec. of State, to Mr. Woodford, min. to Spain, tel., 
March .*{(), 1808— Wednesday, 10 a. m.. For. R(>1. 1808, 718, 724. 

" You should know and fidly appreciate that there is profound feel- 
ing in Congress, and the gravest apprehension on the part of most 
conservative members that a resolution for intervention may pass both 
branches in spite of any effort which can be made. Only assurance 
from the President that if he fails in peaceful negotiations he will 
submit all the facts to Congress at a very early day will prevent im- 
mediate action on the part of Congress. The President assumes that 
whatever may be reached in your negotiations to-morrow will be 
tentative only, to be submitted as the proposal of Spain. We hope 
jour negotiations will lead to a peace acceptable to the country." 

Mr. Day, Assist. S(>c. of State, to Mr. Woodford, min. to Spaiii. tel., March 
30, 1808— WediH'sday. 4 p. m.. For. Rel. 1808, 721, 72(;. 



198 INTERVENTION. [§908. 

Mr. Woodford. March :n. rcfijitvl : " Hocoived your dispatch dateil Wednes- 
day, 4 |>. JH.. this nioriiin;j. If Si)anisli (roveriunent accept our de- 
mands this afternoon without reservation or modification, I shall 
do.se negotiations on our terni.s. If there be the least modification, I 
will receive Spaiiish su.ujfestions tentatively and rejiort by cable to- 
night for decision l>y the President. I will neither embarrass the 
President nor diminish the just demands of our Goverumeut." (For. 
Rel. 1898, 72G.) 

"Adjourned conference held this afternoon, Thursday. All pres- 
ent. President of the council handed me Spanish propositions in 
writing, which I translated in their ])resence. The minister for 
the colonies examined and approved my translation, which begins 
here. 

" Catastrophe of the Maine. — Spain is ready to submit to an ar- 
bitration the differences which can arise in this matter. 

'" Recoxckntkados. — General Blanco, following the instructions of 
the (Tovernment, has revoked in the western provinces the bando re- 
lating to the reconcentrados, and, although this measure will not be 
able to reach its complete developments until the militai'v ()i)erations 
terminate, the (Jovernment jjlaces at the disposal of the governor- 
general of Cuba a credit of 8.000,000 of pesetas, to the end that the 
country people may return at once and with success to their labors. 

'•The same (iovernment will acce])t, nevertheless, whatever assist- 
ance to feed and succor the necessitous may be sent from the United 
States, in the foi'ui and conditions agreed upon between the sul)-Secre- 
tary of State, Mr. Day, and the Spanish minister in Washington. 

" Pa("ificati()N of Ci ua. — The Spanish Government, more inter- 
ested than that of the United States in giving to the Grand Antille 
an honorable and stable peace, proposes to confide its preparations 
to the insular parliament, without whose intervention it will not be 
able to arrive at the final result, it being understood that the ])owers 
reserved by the constitution to the central (iovei-nment are not les- 
sened and diminished. 

" Truce. — As the Cuban chambers will not meet until the 4th of 
May, the Spanish (Jovernment will not, (m its j^art, find it inconven- 
ient to accej)t at once a susi)ension of hostilities asked for by the 
insurgents from the general in chief, to whom it will l)elong in this 
case to determine the duration and the coiulitions of the susjiension. 

" Sj)anish ])rop()sitions end iu're. I told them I would telegraph 
their jiropositions to Washington verbatim, but that I did not believe 
tlie i)r()|)osition relating to suspension of hostilities would be accept- 
able, and that the insurgents would not ask for it. 

" We parted without any aj)pointment for further conference. I 
said that I would communicate the reply of my Govermnent to the 
Spanish minister of foicign affairs. 

'• Thursday night, 10 o'clock.'' 



§ 908. 1 CUBA. 199 

Mr. Wootlfortl, min. to Spain, to Mr. Day, Assist, Sec. of State, tel., March 
:il, 181(8, For. Kel. 1898, 72G. 

Marcli :',1, 1898, Mr. Woodford cabled to President McKinley : 

" ^ly No. 02. Have just telegraphed to the Department of State my 
official report of the adjourned conference held this afternoon, 
Thursday. It has turned, as I feared, on a question of piinctiliQ. 
Spanish pride will not permit the ministry to propose and offer aii 
armistice, which they really desire, because they know that armisr 
tlce now means certain peace next autunni. I am told confidentially 
that the offer of armistice by the Spanish government would cause 
revolution here. Leading generals have been sounded within the 
last week, and the ministry have gone as far as they dare go to-day, 
I i)elieve the ministry are x*eadj- to go as far and as fast as they can 
and still save the dynasty here in Spain. Thej- know that Cuba is 
lost. I'ublic opinion in Spain has moved steadily towai'd peace. No 
Spanish ministi-y would have dared to do one month ago what this 
ministry has proposed to-day." (For. Kel. 1808. 727.) 

April 1. 181(8. Mr. Woodf(jrd sent to Mr. Day, Assistant Secretary of 
State, a telegram stating that the e.xact language of the statement 
which he read at the conference of Tuesday. March 20, was as 
follows : 

" The President instructs me to have direct and frank conversation with 
you al)()ut present condition of affairs in Cuba and present relations 
between Spain and the United States. The President thinks that 
it is i)etter not to discuss the respective views held by each nation. 
This might only provoke or incite argument and might delay and 
possibly prevent innnediate decision. The President instructs me to 
say that we do not want Cul)a. Tie also instructs me to say with 
e«iual clearness that we do wish immediate peace in Cuba. He 
suggests an innnediate armistice lasting mitil October 1. negotia- 
tions in the meantime being had looking to peace between Spain 
and the insurgents through the friendly offices of the President of 
the United States. He wishes the innnediate revocation of the recon- 
centration order so as to permit the people to retiu'u to their farms 
and the needy to be relieved with provisions and supplies from the 
T'nited States. The United States cooperating with the Si)anish 
authorities so as to afford full relief." (For. Kel. 1898, 729-730.) 

In a telegram to Mr. Day, April 2, 1898, Mr. Woodford said: "After most 
careful reflection I can not consider these Spanish proiwsitions 
I made at the conference of Thursday, March .'U, supra] as satisfac- 
tory to the United States or just to Cuba. In view of my assur- 
ances, as given in my i)ersonal telegram No. GO to the I'resident, it 
becomes my duty to make this official statement." (For. Kel. 189S, 
730, 731.) 

April 1, 1898, Sefior Polo de Rernabe, Spanish minister r.t Washington, 
conmnmicatetl to the Department of State a telegram from Sefior 
Jose Maria Galvez, " President of the IIonie-Kule government of 
Cuba." protesting against intervention by the United States. (For. 
Kel. 1808, 728.) 

" Tlip minister for foreign affairs has just called and tells me confi- 
dentially (hat, ac('ordin<r to news received by him, the Pope, at the 
i-iiggestion of the l*resideut of the United States, proposes to oti'er to 



200 INTERVENTION. [§ 908. 

Spain liis niodiatior. in order that tlio Spanish government grant an 
ininiediate arniistice to Cuba, whicli will facilitate and prepare an 
early and honorable peace. 

''Accordin«j: to Senor Gullon's opinion, the Sjianish government 
will accede to the desires of the Holy Father, which are not political 
l)iit liumane. But he understands that the Spanish government, 
going as far as it goes, asks that the United States will show their 
frieiidship for Spain by \vitli(h'awing our war ships from the vicinity 
of Cuba and from Key West as soon as the armistice has l)een pro- 
claimed. That the Spanish government will continue this armistice 
so long as there are any reasonable hopes that permanent peace can be 
secured in Cuba. He asks your immediate answer as to withdrawal 
of war ships at once after proclamation of armistice. I still believe 
that when armistice is once proclaimed hostilities will never be re- 
sumed and that pernument peace will be secured. If, under existing 
conditions at Washington, you can still do this, I hope that you will. 

'' The Spanish minister for foreign atfairs assures me that Spain 
will go as far and as fast as she can. The Austrian ambassador 
has heard me read this dispatch to this point and says that he will 
guarantee that Spain will do this. 

"■ H conditions at Washington still enable you to give me the 
necessary time I am sure that before next October I will get peace in 
Cuba with justice to Cuba and ])rotection to our great American 
interests. 

'• I know that the Queen and her present ministry sincerely desire 
peace and that the Sj)anish people desire peace, and if you can still 
give me time and reasonable liberty of acti(m I will get for you the 
peace you desire so much and for which you have labored so hard. 

'• I think there may be mistake in the telegram from Home to the 
Queen, and that the words ' at the suggestion of the President ' may 
mean with the knowledge or with the a|)proval of the President." 

Mr. Woodfoni. iiiin. to Siciiii, to Tn'sidt'iit McKiiiley, tel., April T'., ISOS, 
For. Kcl. IS'ts. -:V2. 

" The President has made no suggestions to Spain except through 
you. He made no suggestions othci* than those which you were in- 
sti'ucted to make for an armistice to b;' otfei-ed by Sj)ain to negotiate 
a peruianent peace between Sj)aiii and insni-gents. and which Sj)ain 
has already rejected. .\ii ai'iiiistice involves an agreement between 
Spain and in>urgents which must be voluntai'v on the |)art of each, 
and if acccjjted by them would make for jx'ace. Tlie (lisj)osition of 
our fleet nnist be left to us. .Vji armistice, to be effective, nuist b(^ 
inmiediately i)roffered and acce|)ted by insiM'gents. ^^'ould the peace 
you are so confident of securing nietin the independence of Cuba? 
The President can not hold his message longer than Tuesday." 



§ 908.] CUBA. 201 

Mr. Day, Assist. Sec. of State, to Mr. Woodford, min. to Spain, tel., April 

3, 189^— Monday, 2 a. ni.. For. lie!. 1898, 732-733. 

Mr. Woodford, April .5. 1898 — Tuesday, 1 a. ui. — replieil : " The Spanish 
government admit that the President of the United States has never 
asked or suggested the mediation of the Pope and they regret tliis 
nlisunderstanding. 

" The minister for the colonies informs me officially that the Cuban gov- 
ernment has issued proclamation to the Cuban people looking to 
immediate peace. You will get full text from the Spanish minister 
at Washington. 

" In answer to your inquiry as to whether the peace I am so confident of 
securing means the independence of Cuba, I reply that I believe that 
if armistice, without any conditions, had been decreed by Spanish 
Government, lasting until next October, the negotiations between 
now and then would have resulted in either an autonomy which the 
insurgents would have accepted, or in the recognition l)y Spain of 
tho independence of Cuba, or in the . cession of the island to the 
United States. I believe that innnediate armistice would have been 
followed by permanent peace, but without immediate and uncondi- 
tional armistice lasting mitil next October I have no hope of success- 
ful adjustment." (For. Kel. 1898, 736.) 

" Congress may very possibly take decisive action middle or end of 
this week. You should notify the United States consul-general in 
Spain and cooperate with him in notifying the United States consular 
officers in Spain who are American citizens to arrange to leave their 
offices in charge of friendly power, and, if they desire, quietly prepare 
for departure from Spain upon notice, either special or public, of a 
rupture of relations. 

'' If rupture comes you had better i:)roc<^ed to Paris and await fur- 
ther instructions." 

Mr. Sherman, Sec. of State, to Mr. Woodford, min. to Spain, tel., April 

4, 189S, For. Rel. 1898, 733. 

April ;■), Mr. Sherman cabled again: "In case of necessity intrust the 
legation to the British embassy." (For. Rel. 1898, 734.) 

On the same day Mr. Woodford replied: "Arrangements have been made 
to place American interests and property in care of British embassy 
and under protection of the British flag, if I am compelled to leave 
Madrid." (For. Kel. 1898, 740.) 

See, also, Mr. Woodford to Mr. SUerman, April ;">, 1898, and April 0, 1^98, 
For. Kel. 1898, 739, 741. 

" The envoy extraordinary and plenipotentiary of Spain has the 
honor to communicate to the honorable Secretary of State of the 
United States the following telegram which he has just received from 
his excellency the governor-general of the island of Cuba: 

" ' The insular govermnent has resolved upon the publication in an 
extraordinary gazeta of a manifesto to the country setting forth the 
excellencies of autonomy, declaring that the Gonial constitution is 
capable of reform in a full .sense, and making a patriotic a^jpeal to 



202 INTERVENTION. [§ 908. 

the insurroctioiiists to coiirliulo a poace. after provious midorstandinj; 
and a<;iV(Mn('nt. Oiicof the pa ra<«:raplis reads thus: '" The provisional 
govermnent ardently desires, and tlie fads Ik'ar testimony thereof, 
that all Cnhans, without any exception whatever, shall join in the 
realization of the nohle and fruitful ^work of rearin*^ jjeaee and con- 
cord uj)()n bases of unshakable firnniess. The provisional <j:ov<'i"n- 
nient, followin<r its own inspii-ation and bein*; also the faithful inter- 
preter of the earnest desires of the <xovei-nnient of the mother country, 
addresses itself to those Cubans who. in the arena of force, are striv- 
in<if to attain that which in its full reality and worth and without the 
perils or hazards of inde])endence has already been attained — -the 
triumi)h of ri«j:ht and justice with far-stretchinji^ horizons for the 
fiiture and broad paths for the oi'dei-ly and <!:rowin«j: development of 
all the livin<r forces of this connnunity. 

" * '• Let the clash of arms ceas(>: let us stretch forth our hands to 
each other: let us fraternally embrace within the beloved Cuban 
fatherland, re<;enei"ated by sacrifice and liberty; let us restore our 
hearthstones, and <rather ai'ound them with love: let us work in unity 
to the end that from the I'uins ol" the past may arise fjreat, strong, and 
prosjM'i'ous the Cuban i)eoj)le: let us. the sons of Cuba, enter ujjon a 
frank and loyal understandin<i: in ordei- to deliberate with calmness 
and decide with skillful provision concerning the means which shall 
conduce by common accord to attain peace without shame for ajiy 
and with honor for all; let hostilities be suspended, in order that the 
voice of |)at riot ism may be heard amon<>^ us, bi-othei's, e(jually inter- 
ested in the lot of Cuba. The provisional «;()verimient hastens to 
take th(^ initiatixc towai'd the attaimnent of the hi<j:h ends which it 
thus sets forth, ofl'erin<i: most solemnly all manner of <;uaranties. and 
relying <'ver upon the api)robation of the (lovernment of the mother 
country." ' 

'• In transmitting; to the Hon. John Sherman the forefjoin*; tele- 
jrram, which demonstrates the noble sentiments of concord and peace 
that animate alike the jjfovei'ument of His Majesty and the autonomic 
<rovernment of the island of Cuba, Don Luis Polo de Bernabe avails 
himself of this ()p])ortunity to rt'peat to him the assurances of his 
hijLrhest consideration." 

Scfnu- I'dlo dc HcrnalM'". Sit;inisli iniii.. to Mr. Sliornian, Sec. of Slate, April 
:'.. is'.is. Ft.r. It«'l. is'.ts. t:'.1. 

"'riic S» < ictnr.v of Sl.ilo i>rcst'iits liis (•oiiipliiiicnts to tlie niiiiistor of 
Siiaiii. Mild li;is tlio lioiictr to ;icl<nowI»'<luo tlu' n'c»'ii»t of tlie minister's 
note (tf tiie ".(1 iiistiiiit, in wliicli ho coiiinmnicjitos a cojiy of a tele- 
gram received by the j,'overiior-KeiH'ral of tli«' island of Cuha. stating 
that tlu> insular j^overnment has resolved upon the pul)lieation in an 
extraordinary ;,'a/.ette of a manifesto to the country, setting; forth 
the exi-elleiicies of autonomy, declaring that the colonial constitution 
is capable of reform in a lull sense, aud making api>eal to the insur- 



g 908.] CUBA. 203 

rectionists to conclude n peace after a previous understanding and 
agre<Miient." (Mr. Sherman, Sec. of State, to Sefior I'olo de Hernabe, 
Span. min.. April ."., ISOS. For. Uel. 1808, 7:'.7.) 

" I have received this afternoon General Blanco's order, that I herewith 
inclose, supi)ressing reconcentration. I see that this measure com- 
prises the whole island, and the mistake was in the wording of the 
telegram. The preamble si)ok<! of the four western provinces as 
nearly pacified, but article first clearly says that concentration is at 
an end in all the island. . . . 

" liy General Woodford you know undoubtedly the good disposition of 
II. M.'s (Jovernment to do all that is compatible with its honor and 
dignity in these most difhcult and trying circumst.mces." (Senor 
Polo de P.ernabe, Span. min.. to Mr. Day, Assist. Sec. of State, 
April ."., ISIIS, For Uel. 181)8, T.'iT.) 

" AVe have received to-day from the Spanish minister a copy of the 
manifesto of the autonomy government. It is not armistice. It 
j)roves to be an appeal by the autonomy government of Cuba urging 
the insurgents to lay down their arms and to join with the autonomy 
party in building up the new scheme of home rule. It is simply an 
invitation to the insurgents to submit, in which event the autonomy 
government, likewise suspending hostilities, is prepared to consider 
what expansion if any of the decreed home-rule scheme is needed or 
jH'acticable. It need scarcely be pointed out that this is a very diifer- 
ent thing from an ottered armistice. The President's message will 
go in AWnlnesday afterncjon.'' 

Mr. Day, Assist. Sec. of State, to Mr. Woodford, min. to Spain, tel., April 
. 4, 18!»8— .MoiKlay. 11 p. m., For. Kel. 1S!)8, 7;W. 

"Should the Queen proclaim the following before 12 o'clock noon 

„ . , . of Wednesday, Aijril (>, will you sustain the Queen, 
Question of armis- ./ 7 i . *^ . j 

tice; action of and can you j)revent hostile action by Congress: 

the powers. .. .^Yt the ivcpiest of the Holy Father, in this Pas- 

sion AAVek and in the name of Christ, I })roclaim immediate and un- 
conditional susjK'Usion of hostilities in the island of Cuba. 

'"This suspension is to become immediately effective so soon as 
accepted by the insurgents in that ishuid. and is to continue for the 
spac(^ of six months, to the Ttth <hiy of October, eigliteen ninety-eight. 

'* " I (h) this to give time for i)assi()iis to cease, and in the sincere 
ho})e and belief that during this suspension |)ermaneiit and honorable 
l)eace may be obtained between the insular government of Cuba and 
those of my subjects in that ishuid who are now in rel)ellion against 
tlie authority of S])ain. 

'" * I |)ray the blessing of Heaven upon this truce of (iod. wliich T 
now declare in His name and with the sanction of the Holy Father of 
all Christendom. 

'"April 5, 18JKS.' 



204 INTEBVENTION. [§ 908. 

" Pleaso road this in tho light of all my previous telegrams and let- 
ters. I lx4ieve that this means peace, which the sober judgment of 
our people will approve long before next November, and which must 
l>e approved at the bar of final history. 

" I permit the papal nuncio to read this telegram, upon my own 
responsibility and without connnitting you in any manner. I dare 
not reject this last chance for peace. I will show your reply to the 
Queen in ])erson, and I believe that you will approve this last con- 
scientious effort for peace." 

Mr. Woodford, luin. to Spain, to President McKinley, tel., April r*, 1898 — 
Tuesday, 8 p. ni.. For. Ilei, 1898, IM. 

Ill a formal dispatch of April G, 1898, For. Rel. 1898, 741, 742, Mr. Wood- 
ford said: "I lierniitted the Austrian ambassador to take a copy of 
the foregoing [telegraphic] dispatch to Iler Majesty the Queen 
Regent and to show the same copy to the papal nuncio." 

" The President highly appreciates the Queen's desire for peace. 
He can not assume to influence the action of the American Congress 
beyond a discharge of his constitutional duty in transmitting the 
whole matter to them with such recommendation as he deems neces- 
sary and expedient. 

'* The repose and welfare of the American people require restora- 
tion of peace and stable government in CuV)a. If armistice is offered 
by the government of Spain the President will communicate that 
fact to Congress. 

" The President's message will go to Congress to-morrow. It will 
recount the conditions in Cuba; the injurious effect upon our people; 
the character and condition of the conflict, and the apparent hope- 
lessness of the strife. He will not advise the recognition of the inde- 
pendence of the insurgents, but will recommend measures looking to 
the cessation of hostilities, the restoration of peace and stability of 
government in the island in the interests of humanity, and for the 
safety and tranquillity of our own country." 

MV. Day, Assist. Sec. of State, to Mr. Woodford, min. to Spain, tel., April 
r,, 189.H— Tuesday, midnight— For. Hei. 1898, 7.3,^». 

In a formal dispatch of April <>, 1898, addressed to Mr. Day, Mr. Wood- 
ford said : 

"This morning (April H) I permit the Austrian ambassador to talvO a 
copy of your foregoing dispjitch to II<'r Majesty the Queen Regent. I 
did not go to her in person, as a ministerial crisis is imminent today, 
growing out of the propose<l Issuance by the Quwn, at the request of 
the PoiK', of a proclamation of armistice. .Tust as I did not interfere 
in the ministerial crisis of last October, when the Conservatives went 
out «»f power, so I do not interfere to-day. when the i)res<'nt Liberal 
ministry may resign and i)<).ssil)ly l>e followed by a ministry who will 
take oflic«' on the programme of immediate armistice, to be followed 
by early negotiations in Cuba looking to immediate, effective, and 
ix?rmauent peace. 



§ 908.] CUBA. 205 

" I also send to-day to the Papal nuncio copies of my dispatch of yes- 
terday to the President, as given above, and copy of my translation of 
your reply thereto. I have added to these copies the statement that 
they are furnished to his excellency the I'apal nuncio at Madrid for 
;' his personal and confidential information and are not to be made 

j public. 

' "I will continue to keep the Department fully advised of what may be 
done here." (For. Rel. 1898, 741, 742.) 

" We have accepted the offer of the British ambassador that United 
States legation at Madrid be intrusted in case of necessity to British 
embassy there. Express thanks for courtesies. We hope British 
consuls may be authorized to extend like courtesy should any Ameri- 
can consuls in Spanish territory request them to take charge of con- 
sular archives. The situation is grave. Spain has not in fact offered 
armistice or admitted any offices of the United States toward ending 
the war exce^Dt to intimate that the President may influence insurgents 
to lay down arms and negotiate for peace under home rule. Span- 
ish propositions obviously dilatory and intrinsically unacceptable. 
The l*resident can no longer defer laying matter before Congress 
Wednesday, to-morrow, afternoon." 

Mr. Sherman, Sec. of State, to Mr. Hay, amb. to England, tel., April 5, 
1898, For. Rel. 1898, 9G7. 

On the same day a re(iuest was convej'ed to the British ambassador in 
Washington " that, in case of trouble between Spain and the United 
States, the British consul-general at Habana may take charge of the 
American property and papers belonging to the American consulate 
there, which will be turned over by General Lee to him." (Mr. Day, 
Act. Sec. of State, to Sir Julian Pauncelote, British amb., April 5, 
1898, For. Rel. 1898, 966.) 

The British consul-general at Havana was authorized " to take charge of 
the United States consulate when a.sked to do so, after obtaining 
consent from the Spanish authorities," and was instructed to convey 
a similar authorization to the British consul at Santiago de Cuba 
and other British consular officers in Cuba. (Sir Julian Pauucefote, 
British amb., to Mr. Sherman, Sec. of State, April 7, 1898, For. Rel. 
1898, 966.) 
! The recpiest that a similar courtesy be extended by the British consuls in 

1 Si>ain was also acceded to. (Mr. Hay, and>. to England, to Mr. Sher- 

man, Sec. of State, April 6, 1898, For. Rel. 1898, 967.) 

Joint note of the poirers. 

" Washington, April 6, 1898. 
" The undersigned representatives of (iermany, Austria-Hungary, 
France, Great Britain, Italy, and Russia, duly authoi'ized in that 
behalf, address, in the name of their respective governments, a press- 
ing appeal to the feelings of humanity and moderation of the Presi- 
dent and of the American people in their existing differences with 
Spain. They earnestly hojje that further negotiations will lead to an 



'JIX) INTERVENTION. [§908. 

:i<ri"<M'ment Avhicli, whilc^ socurin*^ tlio maintonanro of peace, will afford 
all lu'ci'ssarv <riiai-aiiti(>s for tlu' recstahlislmuMit of order in Cuba. 

*• Tho powers do not doul)l that the humanitarian and purely dis- 
interested character of this representation will be fully recognized and 
appreciatetl by the American nation. 

•'JlI.IAX PArNfEFOTt:, 

^*For Great Br it a hi. 

'' IIoLLEBEN, 

^'For (Termany. 
" .Jules Ca.miw)N, 

"/'V)/' Fnnire. 

"' \\)S IlENMiEKJii'ELEK, 

"For Ai(.stri<i-II niK/ari/. 
" De Wollant, 

"For IiKSsia. 
" Ci. C Vinci, 

'7^'^)/" Itahj:' 
The President's rephj. 

"The frovernment ol" the I'nited States recofjnizes the prood will 
which has prompted the friendly connnunication of the rej)resenta- 
tives of (ierniany. Austria-IIun<j:ary, France, (ireat Britain, Italy, 
and Russia, as set forth in the address of your excellencies, and shares 
the hoj)e therein expressed that the outcome of the situation in Cuba 
niay be the maintenance of peace between the United States iind 
S])ain l)v airordin<; the necessary <j^uaranties for the reestablishment 
of order in the island, so terminating the chronic condition of dis- 
turbance there, which so deei)ly injures the interests and menaces 
the tranciuillity of the American nation by the character and conse- 
qu«'nces of tlu' stiii<^<rle thus kept up at our doors, l)esides shocking 
its sentiment of humanity. 

" 'I'he government of the United States appreciates the humanita- 
rian and disinterested character of the communication now made on 
behalf of the powers named, and for its |)art is confident that ecpial 
a|)|)i'eciation will i)e shown foi* its own earnest and unselfish endeav- 
or> to fidfill a duty to humanity by ending a situation the indefinite 
prohtngation of which has become insutrei'able.*' 

For. iJcl. ISitS, 740-741. 'I'lic ;iiiih';i1 <if tlic powers was i)res«'nte(l by the 
signers to the I'n'sitU'iit .-it the White House, and his n'piy was then 
and l!n'r«> ni;i(h'. 

April 0. 180S, Mr. Woodford wrote to the minister of state, saying 
that he had hoj)ed to be oflicially informed before noon of that day 
that the Spanish government had proclaimecl a definite suspension 
of hostilities in Cuba, and that the President had "this afternoon'' 
transmitted his message to Congress. 



§908.] CUBA. 207 

Later in the day Mr. Woodford received from ^Ir. Day, Assistant 
Secretary of State, the foHowiii^ telegram: "The President's mes- 
sage Avill not be sent to Congress until next Monday, to give consul- 
general at Havana the time he urgently asks to insure safe departure 
of Americans." 

Next day Mr. Woodford Avithdrew his note of the (ith of Ai)ril to 
'he minister of state, and informed him that the President's message 
Avould not be sent to Congress till Monday, April 11. 
For. Rel. 1898. 74:^-744. 

" Spanish minister for foreign affairs lias just sent for me. The 
rej)resentatives of the P^uropean powers called upon him this morn- 
ing and advised aciiuiescence in Poi)e"s request for an armistice. 
Armistice has been granted. Spanish minister in "Washington in- 
structed to notify our Department of State and yourself. Authority 
has been cabled to General Blanco to proclaim armistice. I send 
verbatim memorandum just handed me by Spanish minister for for- 
eign affairs, as follows: 

•' ' In view of the earnest and repeated request of His Holiness, 
sni>i)orted resolutely l)y declarations and friendly counsels of the 
representatives of the six great European powers, who fornndated 
ihem this morning in a collective visit to the minister of slate, as 
corollary of the efforts of their governments in AVashington, the 
Spanish government has resolved to inform the Holy Father that on 
this tlate it directs the general-in-chief of the army in Cuba to grant 
inunediately a suspension of hostilities for such length of time as 
he may think prudent to prepare and facilitate the peace earnestly 
desired by all.' 

'* I hope that this dispatch may reach you before the President's 
message goes to Congress." 

Mr. Woodford, iiiin. to Spain, to Mr. Day, Assist. Sec. of State, tel., 
April !), 18!)8, For. Rol. 18!t8. 74(;. 

'* IVEv personal No. OC). In view of action of Spanish government, 
as cal)led Saturday, A])ril t), I hoi)e that you can obtain full author- 
ity from Congress to do whatever you shall deem necessary to secure 
iunnediate and j)ermanent ])eace in Cuba by negotiations, including 
the full power to employ the Army and Navy, ai-cording to your own 
judgment, to aid and enforce your action. If this be secured I be- 
lieve you will get final settlement before August 1 on one of the fol- 
lowing bases: P^.ither such autonomy as the insurgents may agree to 
•iccept, or recognition by S])ain of the independence of the island, or 
cession of the island to the United States. 

"' I hope that nothing will now be done to humiliate Spain, as T 
am satisfied that the present government is going, and is loyally 



208 INTERVENTION. [§ 908. 

ivady to ^o. as fast and as far as it can. AVith your power of action 
sufficiently free you will win tlie Hjrht on your own lines. I do not 
expect immediate reply, but will Ix' glad to have an early acknowl- 
edgment of receipt.'' 

Mr. Woodford, iiiiii. to Spiiiii. to rresidont McKiiiley. tel., April 10. 1898, 
For. IW\. 1S!)S. 747. 

" The minister i)lenipotentiarv of Spain has the honor to state to 
the honorable Secretary of State of the United States of America 
that Iler Majesty the Queen Regent, acceding to the reiterated de- 
sires of His Holiness, and inspired by the sentiments of concord and 
peace which aninuite her, has given a[)propriate instructions to the 
general in chief of the army of Cuba, to the end that he shall concede 
an innnediate susj)ension of hostilities for such time as he shall deem 
j)rudential, in order to prepare and facilitate people in that island. 

" (leneral IManco has to-day published the corresponding bando, 
and reserves to himself to determine in another bando the duration 
and other details of its execution, with the sole aim that so transcen- 
dental a measure shall lead within the shortest possible time to the 
desired pacification of the Cireat Antilla. 

^ In deciding u[)on the duratio;i thereof, the general in chief, 
inspired by the highest sentiments, far from raising difficulties or 
obstructions, is ])repared to grant every ])ossible facility. 

"The government of Her Majesty, by this most important step, 
has set the crown to her extraordinary efi'orts to obtain the j)acifica- 
tion of Cuba through the instrumentalities of reason and of right. 

'•The autonomic constitution, which gives to the inhabitants of the 
island of Cuba a political system at least as liberal as that whicU 
exists in the Dominion of (^mada, will within a short time enter 
upon the stage of com|)lete development, when, after the elections 
have iM'en held, the insidar parliament will meet at Hal)ana on the 
4th of May next : and the franchise and lii)erties granted to the 
Cul)ans are such that no motive or pretext is left for claiming any 
fuller measure thereof. 

'• Nevei'theless as the island of Cuba is rej)resented in the Cortes of 
the Kingdom, a ])rivilege which is not enjoyed by any other foreign 
autonomic colony, the Cuban s<Miators and deputies in the Cortes may 
there ])rcsent their aspirations if they desire more. 

•• No one knowing the liberal sj)irit of the majority in the recently 
elected Si)anish Cortes and the j)atriotic attitude of the principal 
l)arties in oii})osition can doubt that the Cul)ans will obtain whatever 
changes they may justly desire, within the bounds of reason and of 
the national sovereignty, as is solennily offered in the pi'eamble of the 
roval decree of November o, 181)7, at which time the Government of 



§ 908.] CUBA. 209 

Her Majest}' declared that it would not withdraw or permit the with- 
drawal of any colonial liberties, guaranties, and privileges. 

" The abrogation of the decree of reconcentration und the assistance 
of every kind which the government of Her Majesty has granted and 
permitted to be extended to the reconcentrados have at last termi- 
nated a lamentable condition of things, which was the unavoidable 
consequence of the sanguinary strife provoked by a small minority 
of the sons of Cuba, and who have been mainly led and sustained by 
foreign influences. 

'■ No impartial mind, having full knowledge of the facts, which- 
have never on any occasion been perverted, as those relating to the 
Cuban question have been and are now perverted, can justly impute 
to Sixain remissness in endeavoring to reach the means of pacification 
of the island nor illiberality in granting privileges, liberties, and 
franchises for the welfare and happiness of its inhabitants. The 
government of Her Majesty doubts not that this will be recognized 
by the United States govermnent, even as it must recognize the 
manifest injustice with which a portion of the public opinion of this 
country claims to discover responsibilities on the part of Spain for 
the horrible catastrophe which took i)lace ou the calamitous night 
of the 15th of February last. Her Majesty the Queen Regent, her 
responsible government, the governor-general of Cuba, the insular 
government, and all the higher authorities of Habana displayed from 
the first moment the profound sorrow and the sentiments of horror 
which that measureless misfortune caused to them, as Avell as the 
sympathy which on that melancholy occasion linked them to the 
American government and people. 

" Proof of this is found in the visits of Her Majesty's charge 
d'affaires to the illustrious President of the United States, the visits 
made by the highest officers of the Spanish State to Mr. Woodford, 
the assistance unsparingly given to the victims, the funeral obsequies 
which were provided for them by the municipal council of Habana, 
and the notes addressed to the Department of State by this legation 
under date of February IG and 17 and the 2d instant, bearing the 
res])ective numbers 12, 13, 14, and 28. 

" The officers and crews of Her Majesty's war vessels lying near the 
Maine^ heedless of the evident peril that menaced them, as is testified 
by the officers of that American ironclad, immediately lowered their 
l)oats, saving a large number of the wrecked ship's men, who alone 
owe their lives to the instant and efficient aid of the Spanish sailors. 

" It is singular that these well-known facts and impressive declara- 
tions seem to have been forgotten by public opinion, which instead 
lends credence to the most absurd and offensive conjectures, 
H. Doc. 551— vol G 14 



210 INTERVENTION. [§908. 

*' Tlic <rovornment of Her Majesty woukl very greatly esteem the 
sense of justice and tlie courtesy of the United States governiuent 
were an t)flicial statement to set the facts in their true light, for it 
Avoulcl seem that they are ignored and the failure to appreciate them 
is j)otentially contributing to keej) up an abnormal excitement in the 
minds of the i)eo])le that im])erils, causelessly and most irrationally, 
the friendly relations of the two countries. 

"As for the ([uestion of fact which springs from the diversity of 
views between the reports of the Spanish and American boards, the 
government of Her Majesty, although not yet possessed of the olKcial 
text of the two reports, has hastened to tleclare itself ready to submit 
to the judgment of impartial and disinterested experts, accepting in 
advance the decision of the arbitrators named by the two parties, 
which is obvious proof of the frankness and good faith which marks 
the course of Spain on this as on all occasions. 

'• The minister of Spain trusts that these statements, inspired by 
the earnest desire for peace and concord which animates the govern- 
ment of Her ^Majesty, will be appreciated at their just worth by the 
government of the United States." 

Sofior Polo do Rernalx'. Spanish iiiiii., to Mr. SluTiiiau, Set-, of Stnto, Ai>ril 
10, 1808, For. Kol. 18!)8. 747. 

StH', also. Sofior I'olo to Mr. Day, April 11, 1S'.»8. onclosiiig a copy of (ieii- 
oral Ulaiico's i)ro(laiiiatioii. dated Ajiril 7, 18'.»S, declariiiK a susi)en- 
sion of hostilities in Cuha. (For. Kel. 1808, 750.) 

" The Spanish minister to-day informed me that authority had been 
given (ieneral Blanco to i)r()claim suspension of hostilities, and tliere- 
uj)on invited, on (ieneral's behalf, indication of natui'e and scope of 
such proclamation. Spanish minister had been answered that the 
President nnist decline to make further suggestions than those hereto- 
fore made known through you and tiirougii Spanish minister here, 
but that in sending in his message to-morrow the l*resident will ac- 
(piaint Congress with this latest connnunication of the Spanish gov- 
ernment and a(hl any further information which Minister Polo may 
be in a |)osition to furnisii in regard to the natures and terms of Gen- 
ei-al lilanco's action under the authorization so given him. The 
al)ov(' is sent for your information. Your personal, No. GO, just re- 
ceived and fully noted." 

-Mr. l>:iy. Assist. Sec. of State, tu .Mr. Weodford. mill. t<^ Spain, tel., April 
in. IS'.is. Snnday. (;.:',0 p. ni.. For. Kel. 1808, 740. 



§909.] CUBA. 211 

(4) KESOLUTION OK INTEUVKNTION. 

§ 909. 

" Obedient to that precept of the Constitution which commands the 

President to give from time to time to the Congress 
President McKin- •» ,• /■.! j.- £ ^i tt- i^ 

ley's special mtonnation or tlie state or the union an(l to reconi- 

message, April mend to their consideration such measures as he shall 
11 1898 
' ■ jiitlge necessary and expedient, it becomes my duty 

now to address your body with regard to the grave crisis that has 

arisen in the relations of the United States to Spain by reason of the 

warfare that for more than three years has raged in the neighboring 

island of Cuba. 

'• I do so because of the intimate connection of tlie Cuban question 
Avith the state of our own Union and the grave relation the course 
which it is now incum"bent upon the nation to adopt must needs bear 
to the traditional policy of our government if it is to accord with the 
precepts laid down by the founders of the Republic and religiously 
observed by succeeding Administrations to the present day. 

" The present revolution is but the successor of other similar insur- 
rections which have occurred in Cuba against the dominion of Spain, 
extending over a period of nearly half a century, each of Avhich, dur- 
ing its progress, has subjected the United States to great effort and 
expense in enforcing its neutrality laws, caused enormous losses to 
American trade and commerce, caused irritation, annoyance, and dis- 
turbance among our citizens, and, by the exercise of cruel, barbarous, 
and uncivilized practices of warfare, shocked the sensibilities and 
offended the humane sympathies of our peoj^le. 

" Since the present revolution began, in February. 189."), this coun- 
try has seen the fertile domain at our threshold ravaged by fire and 
sword in the course of a struggle unequaled in the history of the 
island and rarely paralleled as to the numl)ers of tlie combatants and 
the bitterness of the contest l)v any revolution of modern times where 
a dei)endent people striving to be free have been opposed by the 
poAver of the sovereign state. 

" Our people have beheld a once prosperous community reduced to 
comparative want, its lucrative commerce virtually paralyzed, its 
exceptional i)roductiveness diminished, its fields laid waste, its mills 
in ruins, and its peoj)le perishing by tens of thousands from hunger 
and destitution. We have found ourselves constrained, in the ob- 
servance of that strict neutrality which our laws enjoin, and which 
the law of nations commands, to police our own waters and watch 
our own seaports in j)revention of any unlawful act in aid of the 
Cubans. 



212 INTERVENTION. [§^09. 

••()nr trade has suffered; tlie capital invested by our citizens in 
("iil);i has been hu'tjely h)st. and the temper and forbearance of our 
]A>oi)le have been so sorely tried as to lx»«^et a perilous unrest ainonj; 
our own citizens which has inevitably found its expression from time 
to time in the national lejrislature, so that issues wholly external 
to our own body politic engross attention and stand in the way of 
that close devotion to domestic advancement that becomes a self- 
contained connnonwealth whose ju'imal maxim has been the avoid- 
ance of all forei<;n entan<i^lements. All this nuist needs awaken, and 
has, indeed, aroused the utmost concern on the part of this govern- 
ment, as well during my predecessor's term as in my own. 

" In Ajuil, 1S!)(), the evils from which our country suffered through 
the (^iban war became so onerous that my predecessor made an effort 
to bring about n i)eac<> through the mediation of this (iovernuient in 
any way that might tend to an honoi-able adjustment of the contest 
In'tween Spain and her revolted colony, on the basis of some effective 
scheme of self-government for Cuba under the flag and sovereignty 
of Spain. It failed through the refusal of the Spanish govern- 
ment then in power to consider any form of mediation or, indeed, any 
plan of settlement which did not begin with the actual submission 
of the insurgents to the mother country, and then only on such terms 
as Si)ain herself might see fit to grant. The war continued unabated. 
The resistance of the insurgents was in no wise diminished. 

" The efforts of Spain were increased, both by the dispatch of fresh 
levies to Cuba and by the addition to the horror.; of the strife of a new 
and inhuman phase hai)|)ily >nij)rece(lented in the modern history of 
civilized Christian peoples. The policy of devastation and concen- 
tration, inaugurat<'d by the captain-general's bando of October 21, 
b^iM), in the Pro^■ilU'e of Pinar del Kio was thence extended to embrace 
all of the island to which the power of the Spanish arms was able to 
reach by occupation or by military operations. The peasantry, in- 
cluding all dwelling in the oi)en agricultural interior, were driven 
into the garrison towns or isolated places held by the troops. 

" The raising and movement of j)rovisions of all kinds were inter- 
dicted. The fields were laid waste, dwellings unroofed and fired, 
uiills destroye(l, and, in short, everything that could desolate the land 
and i-ender it unfit for human habitation or support was connnanded 
by one or the other of the contentling parties and executed by all the 
powers at their disposal. 

•• By the tiuie the prestMit administration took office a year ago, re- 
concent lat ion — so called — had been nuide effective over the better part 
of the foui- central and western i)rovinces, Santa Clai'a, Alatanzas, 
Ilabana. and Pinar del Rio. 

"The agricultural jwpulation to the estimated number of 800,000 
or more was herded within the towns and their immediate vicinage. 



§ 900.] CUBA. 213 

deprived of the means of support, rendered destitute of shelter, left 
poorly clad, and exposed to the most unsanitary conditions. As the* 
scarcity of food increased with the devastation of the depopulated 
areas of production, destitution and want became misery and starva- 
tion. Month by month the death rate increased in an alarming ratio. 
By March, 1897, according to conservative estimates from official 
Spanish sources, the mortality among the reconcentrados, from starva- 
tion and the diseases thereto inc-ident, exceeded 50 per centmn of their 
total number. 

" Xo practical relief was accorded to the destitute. The overbur- 
dened towns, already suffering from the general dearth, could give no 
aid. So called ' zones of cultivation ' established within the inunedi- 
ate areas of eliective military control about the cities and fortified 
camps proved illusory as a remedy for the suffering. The unfortu- 
nates, being for the most part women and children, with aged and 
helpless men, enfeebled by disease and hunger, could not have tilled 
the soil Avithout tools, seed, or shelter for their own support or for the 
supply of the cities. Keconcentration, adopted avowedly as a war 
measure in order to cut off the resources of the insurgents, worked its 
predestined result. As I said in my message of last December, it Avas 
not civilized warfare; it was extermination. The only peace it could 
Ijeget was that of the wilderness and the grave. 

"' Meanwhile the military situation in the island had undergone a 
noticeable change. The extraordinary activity that characterized 
the second year of the war, when the insurgents invaded even the 
thitherto unharmed fields of Pinar del Rio and carried havoc and 
destruction up to the walls of the city of Ilabana itself, had relapsed 
into a dogged struggle in the central and eastern provinces. The 
Spanish arms regained a measure of control in I'inar del Rio and 
parts of Habana, but, under the existing conditions of the rural coun- 
try, without innnediate improveuient of their productive situation. 
VjVqii thus partially restricted, the revolutionists held their own, and 
their conquest and submission, jjut forward by Spain as the essential 
and sole basis of ])eace. seemed as far distant as at the outset. 

" In this state of affairs my administration found itself confronted 
with the grave jjroblem of its duty. My message of last December 
reviewed the situation and narrated the steps taken with a view to 
relieving the acuteness and opening the way to some form of honora- 
ble settlement. The assassination of the prime minister, Canovas, 
led to a change of government in Spain. The former administration, 
pledged to subjugation without concession, gave place to that of a 
more liberal i^arty, committed long in advance to a policy of reform 
involving the wider princii)le of home rule for Cuba and Puerto Kico. 

"The overtures of this government, made through its new (mivov, 
General Woodford, and looking to an immediate and effective iiiuelio- 



214 INTERVENTION. [§909. 

ration of tho condition of tlio island. altlu)U«;h not aocoptod to the 
(XttMit of adniittetl mediation in any shape, were met hy assurances 
that home ruk', in an advanced phase, woukl be forthwith offered to 
Cuba, without waiting for the war to end, and that more humane 
methods shouhl thencefortli prevail in the conduct of hostilities. 
Coincidentally with these declarations, the new government of Spain 
continued and completed the ])olicv already begun by its predecessor, 
of testifying friendly regard for this nation by releasing American 
citizens held imder one charge or another connected with the insur- 
rection, so that, by the end of November, not a single person entitled 
in any way to our national protection remained in a Spanish prison. 

" ^^^lile these negotiations were in progress the increasing destitu- 
tion of the unfortunate reconcentrados and the alarming mortality 
among them claimed earnest attention. The success which had at- 
tended the limited measure of relief extended to the suffering Amer- 
ican citizens among them by the judicious expenditure through the 
consular agencies of the money ai)proj)riated expressly for their 
succor by the joint ivsolution a])proved May 24, 1897. ])rompted the 
humane extension of a similar scheme of aid to the gi-eat body of 
sufferei's. A suggestion to this end was acfjuiesced in by the Spanish 
authorities. On the i!4th of December last, I caused to l)e issued an 
aj)j)eal to the American people, inviting contributions in money or in 
kind for the suc<"or of the starving sufferers in (^iba, following this 
on the Sth of January by a similar jMiblic announcement of tho for- 
mation of a central Cuban relief connnittee, with head(iuarters in 
New ^'ork City, comj)ose<l of three members representing tho Amer- 
ican National Ived Cross and the religious and business elements of 
the community. 

'• The efforts of that committee have l)oen untiring and have accom- 
j)lished much. Arrangements for fi'«>e transportation to (^iba have 
greatly aid<Ml the charitable woi'k. The j)resident of the American 
Red Cross and ri'presentatives of other contributory organizations 
have generously visitecl Cuba and coojx'rated with the consul-general 
;in«l the local authoi'ities to n)ake eU'ective distribution of tlu> relief 
cf)llected tiii'ough the efforts of the central committee. Nearly 
5^:i00.000 in money and sup|)lies has already reached the sufferers and 
uioi-e is forthcoming. The supplies ai"e admitted duty free, and 
transportation to the interior has been arranged so that the relief, at 
fir-t necessai'ily confined to Havana and the larger cities, is now ex- 
tended tln-ough nxtst if not all of the towns where suffering exists. 

" Thoii>aiids of lives have already been siived. The necessity for a 
change in the condition of the recoricenti'ados is recognized by the 
Spanish goveinment. Within a few days past the orders of Ceneral 
A\'eyler ha\e I)een revokecl : the reconcentrados, it is said, are to 1)0 
permitted to return to their homes and aided to resume the self-sup- 



§009.] CUBA. 'J 15 

porting pursuits of peace. Public works have been ordered to give 
tlieni employment, and a sum of $000,000 has been approi)riated for 
their relief. 

" The war in Cuba is of such a nature that short of sul»jugation or 
extermination a final military victory for either side seems imprac- 
ticable. The alternative lies in the physical exhaustion of the one or 
the other i)arty, or perhaps of both — a condition Avhich in effect ended 
the ten years' war b}^ the truce of Zanjon. The prospect of such a 
))rotraction and conclusion of the present strife is a contingency 
hardly to be contemplated with equanimity by the civilized world, 
and least of all by the United States, affected and injured as we are, 
deeph^ and intimately, by its very existence. 

'' Realizing this, it api)eared to be my duty, in a spirit of true 
friendliness, no less to Spain than to the Cul)ans, who have so much 
to lose by the prolongation of the struggle, to seek to bring about an 
immediate termination of the war. To this end I submitted, on the 
i'Tth ultimo, as a result of much representation and correspondence, 
through the United States minister at Madrid, propositions to the 
Spanish government looking to an armistice until October 1 for the 
negotiation of ])eace with the good offices of the President. 

" In addition, I asked the immediate revocation of the order of 
reconcentration, so as to permit the people to return to their farms 
and the needy to be relieved with provisions and supplies from the 
United States, cooperating with the Spanish authorities, so as to 
afford full relief. 

" The reply of the Spanish cabinet was received on the night of the 
.31st ultimo. It offered, as the means to bring al)out peace in Cuba, 
to confide the pre])aration thereof to the insular parliament, inas- 
much as the concurrence of that body would be necessary to reach a 
final result, it being, however, understood that the i)owers reserved 
l)y the constitution of the central government are not lessened or di- 
minished. As the Cuban parliament does not meet until the 4th of 
May next, the Spanish (iovernment would not object, for its part, to 
accei)t at once a suspension of hostilities if asked for by the insur- 
gents from the general in chief, to whom it would pertain, in such 
case, to determine the duration and conditions of the armistice. 

"The propositions submitted by (Jeneral Woodford and the reply 
of the Spanish government were both in the form of brief memo- 
randa, the texts of which are before me, and are substantially in the 
language above given. The function of the Cuban parliament in the 
matter of 'preparing' peace and the manner of its doing so are not 
expressed in the Spanish memorandum: but from (len-eral AA^xxl- 
ford's explanatory reports of |)reliminary discussions ])receding the 
final conference it is understood that the vSpanish government stands 
ready to give the insular congress full powers to settle the terms of 



21G INTERVENTION. [§909. 

peace with the insurgents — whether b}' direct negotiation or indi- 
rectly bv means of legishition does not appear. 

" With this hist overture in the direction of immediate peace, and 
its disappointing reception by Spain, the Executive is brought to the 
end of his etfort. 

" In my annual message of December last I said : 

" ' Of the untried measures there remain only : Recognition of 
the insurgents as belligerents; recognition of the independence of 
Cuba ; neutral intervention to end the war by imposing a rational 
compromise between the contestants, and intervention in favqr of one 
or the other party. I speak not of forcible annexation, for that can 
not be thought of. That, by our code of morality, would be criminal 
aggression,' 

" Thereupon I reviewed these alternatives, in the light of President 
(Jrant's measured words, uttered in 1875, when after seven years of 
.sanguinary, destructive, and cruel hostilities in Cuba he reached the 
conclusion that the recognition of the independence of Cuba was im- 
practicable and indefensible, and that the recognition of belligerence 
was not warranted by the facts according to the tests of public law. 
I commented especially upon the latter aspect of the question, point- 
ing out the inconveniences and positive dangers of a recognition of 
belligerence which, while adding to the already onerous burdens of 
neutrality within our own jurisdiction, could not in any way extend 
our influence or effective offices in the territory of hostilities. 

'' Nothing has since occurred to change my view in this regard ; and 
I recognize as fully now as then that the issuance of a proclamation 
of neutrality, by which process the so-called recognition of belliger- 
ents is published, could, of itself and unattended by other action, ac- 
complish nothing toward the one end for which we labor — the instant 
pacification of Cuba and the cessation of the misery that afflicts the 
island. 

" Turning to the question of recognizing at this time the independ- 
ence of the present insurgent government in Cuba, we find safe prec- 
edents in our history from an early day. They are well summed up 
in President Jackson's mes.sage to Congress, December 21, 1836, on the 
subject of the recognition of the independence of Texas. He said: 

•• * In all the contests that have arisen out of the revolution of 
France, out of the disputes relating to the Crowns of Portugal and 
Spain, out of the separation of the American possessions of both from 
the P2uropean governments, and out of the numerous and constantly 
occurring struggles for dominion in Spanish America, so wisely con- 
sistent with our just principles has been the action of our Government, 
that we have, under the most critical circumstances, avoided all cen- 
sure, and encountered no other evil than that produced by a transient 



§ 909.] CUBA. 217 

estrangement of good will in those against whom we have been by 
force of evidence compelled to decide. 

" ' It has thus made known to the world that the uniform policy and 
practice of the United States is to avoid all interference in disputes 
which merely relate to the internal government of other nations, and 
eventually to recognize the authority of the prevailing party without 
reference to our particular interests and views or to the merits of the 
original controversy. 

" '. . . But on this, as on every other trying occasion, safety is 
to be found in a rigid adherence to principle. 

" ' In the contest between Spain and the revolted colonies we stood 
aloof, and waited not only until the ability of the new states to pro- 
tect themselves was fully established, but until the danger of their be- 
ing again subjugated had entirely passed away. Then, and not until 
then, were they recognized. 

" ' Such was our course in regard to Mexico herself. . . . It is 
true that with regard to Texas the civil authority of Mexico has been 
expelled, its invading army defeated, the chief of the Republic him- 
self captured, and all present power to control the newly organized 
government of Texas annihilated within its confines; but, on the other 
hand, there is, in appearance, at least, an immense disparity of phys- 
ical force on the side of Texas. The Mexican Republic, under 
another executive, is rallying its forces under a new leader and men- 
acing a fresh invasion to recover its lost dominion. 

" ' Upon the issue of this threatened invasion the independence of 
Texas may be considered as suspended ; and were there nothing pecul- 
iar in the relative situation of the United States and Texas, our ac- 
knowledgment of its independence at such a crisis could scarcely be 
regarded as consistent with that prudent reserve with wdiich we have 
hitherto held ourselves bound to treat all similar questions.' 

" Thereupon Andrew Jackson proceeded to consider the risk that 
there might be imputed to the United States motives of selfish in- 
terest in view of the former claim on our part to the territory of 
Texas, and of the avowed purpose of the Texans in seeking recogni- 
tion of independence as an incident to the incorporation of Texas 
into the Union, concluding thus: 

" ' Prudence, therefore, seems to dictate that we should still stand 
aloof and maintain our present attitude, if not until Mexico itself or 
one of the great foreign powers shall recognize the independence of 
the new government, at least until the lapse of time or the course of 
events shall have proved beyond cavil or dispute the ability of the 
people of that country to maintain their separate sovereignty and 
to uphold the government constituted by them. Neither of the con- 
tending parties can justly complain of this course. Bv pursuing it 
we are but carrying out^he long-established policy of our (jovern- 



'Jl8 INTERVENTION. [§909. 

inont, a i)olioy Avhioh lias sccnriMl to us respect and inHuonce abroad 
and inspired coMtidence at home.' 

"■ These are the words of the resohite and patriotic Jackson. They 
are evidence that the United States, in a(hlition to the test imposed 
by public law as the condition of the recopiition of independence by 
a neutral state (to wit, that the revolted state shall ' constitute in 
fact a body politic, having a government in substance as well as in 
name, j)ossessed of the elements of stability,' and forming de facto, 
' if left to itself, a state among the nations, reasonably capable of dis- 
charging the duties of a state '), has imposed for its own governance 
in dealing with cases like these the further condition that recognition 
of independent statehood is not due to a revolted dependency until 
the danger of its being again subjugated by the parent state has 
entirely passed away. 

'• This extreme test was, in fact, applied in the case of Texas. The 
(\)ngress to whom President Jackson referred the cpiestion as one 
• i)robably leading to war." and therefore a proper subject for ' a pre- 
vious understanding with that body by whom war can alone be de- 
clared and by whom all the j^rovisions for sustaining its perils must 
lu' furnisjied.* left the matter of the recognition of Texas to the dis- 
cretion of the Executive, providing merely for the standing of a 
diplomatic agent when the President should be satisfied that the 
Republic of Texas had become ' an indei)endent state.' Tt was so 
recognized by President Van Buren, who connnissioned a charge 
•raffaires March 7, 1<S87, after Mexico had abandoned an attempt 
to reconcpier the Texan territory, and when there was at the time 
no bona fide contest going on between the insurgent j^rovince and its 
former sovereign. 

" I said in my message of December last, ' It is to be seriously con- 
sidered whether the Cuban insurrection possesses beyond dispute the 
attributes of statehood which alone can denumd the recognition of 
l»('lligerency in its favoi-.* The same re(|uirement must certainly be 
no less seriously considered when the graver issue of recognizing in- 
dependence is in (piestion. for no less positive test can be applied to 
the greater act than to the lessei-; while, on the other hand, the influ- 
ences and conse(|u<'nces of the struggle upon the internal ])olicy of 
the recognizing state, which form important factors when the recog- 
nition of bellig<'i-ency is concerned, are secondary, if not rightly 
eliminable. factoi's when the real (juestion is whether the comnumity 
claiming n'cognition is or is not indei)endent beyond peradventure. 

'• Nor from the standi)oint of expediency do I think it would be 
wise or |)riideni for this government to recognize at the j)resent time 
the indejM'ndence of the so-called (^iban republic. Such recogni- 
tion is not necessary in order to enable the United States to inter- 
veue and pacify the island. To commit 'this country now to the 



§ 909.] CUBA. 219 

recognition of any particular frovornment in Cuba mig^ht subject us 
to embarrassing conditions of international obligation toward the 
organization so recognized. In case of intervention our (;onduct 
would be subject to the approval or disapproval of such government. 
We would be required to submit to its direction and to assume to it 
the mere relation of a friendly ally. 

'• When it shall appear hereafter that there is within the island a 
government capable of performing the duties and discharging the 
functions of a separate nation, and having, as a matter of fact^ the 
l)r()j)er forms and attributes of nationality, such government can be 
promptly and readily recognized and the relations and interests of 
the United States w'ith such nation adjusted. 

'' There remain the alternative forms of intervention to end the 
war. either as an impartial neutral by imposing a rational compro- 
mise between the contestants, or as the active ally of the one party 
or the other. 

"As to the first, it is not to be forgotten that during the last few 
months the relation of the United States has virtuall}- been one of 
friendly intervention in many wavs, each not of itself conclusive, 
but all tending to the exertion of a potential influence toward an 
ultinuite pacific result, just and honorable to all interests concerned. 
The spirit of all our acts hitherto has been an earnest. unselKsh 
desire for peace and prosperity in Cuba, untarnished by diiferences 
Itetween us and Spain, and unstained by the blood of American 
(itizens. 

'• The forcible intervention of the United States as a neutral to 
stop the Avar, according to the large dictates of humanity and follow- 
iug mauy historical precedents where neighboring states have inter- 
fered to check the hopeless sacrifices of life by internecine conflicts 
beyond their borders, is justifiable on rational grounds. It involves, 
however, hostile constraint ui)on both the parties to the coutest as 
well to enforce a truce as to guides the eventual settlement. 

'* The grounds for such intervention may be briefly sunnnarized 
as follows: 

'• First. In the cause of Innnanity and to put an end to the bar- 
barities, bloodshed, stai'vatiou, and hoi'rible miseries now existing 
there, and which the parties to the conflict are either unable or 
unwilling to stop or mitigate. It is no answer to say this is all in 
another country, belonging to another nation, and is therefore none 
of our business. It is s|)(>cially our duty, for it is right at our door. 

''Second. AVe owe it to our citizens in Cuba to afford them that 
protection and indenniity for life and property which no govern- 
ment there can or will afford, and to that end tT) terminate the con- 
ditions that deprive them of legal protection. 



220 INTERVENTION. [§ 909. 

•• Third. The right to intervene may be justified by the very se- 
rious injury to the coninierce, trade, and business of our people, and 
l)y the wanton destruction of property and devastation of the island. 

" Fourth, and which is of the utmost importance. The present 
condition of affairs in Cuba is a constant menace to our peace, and 
entails u})on this government an enormous expense. With such a 
conflict waged for years in an island so near us and with which our 
people have such trade and business relations; when the lives and 
liberty of our citizens are in constant danger and their property 
destroyed and themselves ruined ; where our trading vessels are liable 
to seizure and are seized at our very door by war ships of a foreign 
nation, the expeditions of filibustering that we are powerless to pre- 
vent altogether, and the irritating questions and entanglements thus 
arising — all these and others that I need not mention, with the re- 
sulting strained relations, are a constant menace to our peace, and 
compel us to keep on a semiwar footing with a nation with which 
we are at peace. 

'" These elements of danger and disorder already pointed out have 
been strikingly illustrated by a tragic event which has deeply and 
justly moved the American people. I have already transmitted to 
Congress the report of the naval court of inquiry on the destruction 
of the battle ship Maine in the harbor of Havana during the night of 
the ir)th of February. The destruction of that noble vessel has filled 
the national heart with inexpressible horror. Two hundred and 
fifty-eight brave sailors and marines and two officers of our Navy, 
reposing in the fancied security of a friendly harbor, have been 
hurled to death, grief and want brought to their homes and sorrow 
to the luition. 

" The naval court of inquiry, which, it is needless to say, commands 
the uiKiiiaiified confidence of the government, was vmanimous in its 
conclusion tliat the destruction of the Maine was caused by an ex- 
terior explosion, that of a submarine mine. It did not assume to 
place the responsibility. That remains to be fixed. 

" In any event the destruction of the Maine, by whatever exterior 
cause, is a pat<'nt and impressive proof of a state of things in Cuba 
that is intolerable. Thpt condition is thus shown to be such that the 
.Spanish government can not assure safety and security to a vessel of 
the American Navy in the harbor of Havana on a mission of peace, 
and rigiit fully there. 

" Further i-eferring in this connection to recent diplomatic corre- 
spondence, a (lispatf'h from our minister to Spain, of the 2()th ultimo, 
contained tiie statenn'ut that the Spanish minister for foreign affairs 
assured him positively that Spain will do all that the highest honor 
and justice require in the matter of the Maine. The reply above re- 
ferred to of the 31st ultimo also contained an expression of the readi- 



§909.] CUBA. 221 

ness of Spain to submit to an arbitration all the differences whicii 
can arise in this matter, which is subsequently explained by the note 
of the Spanish minister at Washington of the 10th instant, as 
follows : 

" 'As to the question of fact which springs from the diversity of 
views between the reports of the American and Spanish boards, 
Spain proposes that the facts be ascertained by an impartial investi- 
gation by experts, w^hose decision Spain accepts in advance.' 

" To this I have made no reply. 

" President Grant, in 1875, after discussing the phases of the con- 
test as it then appeared, and its hopeless and apparent indefinite 
])rolongation, said : 

" ' In such event, I am of opinion that other nations will be com- 
pelled to assume the responsibility which devolves upon them, and 
to seriously consider the only remaining measures possible — media- 
tion and intervention. Owing, j^erhaps, to the large expanse of 
Avater separating the island from the Peninsula, . . . the con- 
tending parties appear to have within themselves no depository of 
common confidence, to suggest Avisdom wdien passion and excitement 
have their sway, and to assume the part of peacemaker. 

" ' In this view in the earlier days of the contest the good offices of 
the United States as a mediator were tendered in good faith, without 
an}^ selfish purpose, in the interest of humanity and in sincere friend- 
.ship for both parties, but were at the time declined by Spain, with 
the declaration, nevertheless, that at a future time they would be 
indispensable. No intimation has been received that in the opinion 
of Spain that time has been reached. And yet the strife continues 
with all its dread horrors and all its injuries to the interests of the 
United States and of other nations. 

'■' ' Each party seems quite capable of working great injury and 
damage to the other, as well as to all the relations and interests de- 
pendent on the existence of peace in the island ; but they seem 
incapable of reaching any adjustment, and both have thus far failed 
of achieving any success whereby one party shall possess and control 
the island to the exclusion of the other. Under these circumstances, 
the agency of others, either by mediation or by intervention, seems to 
be the only alternative which must sooner or later be invoked for the 
termination of the strife.' 

" In the last annual message of my immediate predecessor during 
the pending struggle, it was said : 

" ' When the inability of Spain to deal successfully with the insur- 
rection has become manifest, and it is demonstrated that her sover- 
eignty is extinct in Cuba for all purposes of its rightful existence, 
and when a hopeless struggle for its reestablishment has degenerated 
into a strife which means nothing more than the useless sacrifice of 



222 INTERVENTION. [§ 909. 

human life and the utter destruction of the very subject-matter of the 
conHict, a situation will be ])resented in which our obligations to the 
sovereignty of Spain will be su|)erseded by higher obligations, which 
we can hardly hesitate to recogni/e and discharge.' 

" In my annual message to Congress, December last, speaking to 
this question, I said : 

'' ' The near future will demonstrate whether the indispensable con- 
dition of a righteous ])eace, just alike to the Cubans and to Sixain, as 
well as eiiuitable to all our interests so intimately involved in the 
welfare of Cuba, is likely to be attained. If not, the exigency of 
further and other action by the United States will remain to be 
taken. When that time comes that action Avill be determined in the 
line of indisputable light and duty. It will be faced, without mis- 
giving or hesitancy, in the light of the obligation this government 
owes to itself, to the people who have confided to it the protection of 
their interests and honor, and to humanity. 

'• ' Sure of the right, keeping free from all offense ourselves, actu- 
ated only by ui)right and patriotic considerations, moved neither 
by passion nor selfishness, the government will continue its watchful 
care over the rights and i)roperty of American citizens and will 
abate none of its efforts to bring about by })eaceful agencies a peace 
which shall be honorable and enduring. If it shall hereafter appear 
to be a duty imposed by our obligations to ourselves, to civilization 
and humanity to intervene with force, it shall be without fault on 
our part and only becjiuse the necessity for such action will be so 
clear as to comnuind the support and approval of the civilized world.' 

"The long trial has j)roved that the object for which Spain has 
waged the war can not be attained. The fire of insurrection may 
flame or nuiy smolder with varying seasons, but it has not bi'en and it 
is plain that it can not Ik> extinguished by present methods. The 
only hope of relief and repose from a condition which can no longer 
be endured is the enforced pacification of Cuba. In the name of 
humanity, in the name of civilization, in behalf of endangered 
American interests which give us the the right and the duty to speak 
and to act. the war in Cuba must stop. 

'• In view of these facts and of these considerations, I ask the Con- 
gress to authoiize and empower the President to take measures to 
secure a full and final termination of hostilities between the Govern- 
ment of Spain and the j)eople of Cuba, and to secure in the island the 
establishment of a stable government, capable of maintaining order 
and observing its international obligations, insuring peace and 
trancjuillity and the security of its citizens as well as our own, and 
to use the military and naval forces of the UiuLed btates aa may be 
necessary for these purposes. 



§909.] CUBA. 22 



'Z'AO 



"And in the interest of humanity and to aid in preservin*:^ the lives 
of the starvin*^ people of the island I reconnnend that the distribu- 
tion of food and supplies be continued, and that an appropriation be 
made out of the public Treasury to supplement the charity of our 
citizens. 

" The issue is now with the Congress. It is a solenni responsi- 
bility. I have exhausted every etfort to relieve the intolerabh' con- 
dition of affairs which is at our doors. l^-e])ared to execute every 
obligation imposed u^wn me by the Constitution and the law, I 
await your action. 

" Yesterday, and since the pre})aration of the foregoing message, 
official information was received l)y me that the latest decree of the 
(^ueen Kegent of Spain directs Oeneral Blanco, in order to prepare 
and facilitate peace, to i)roclaim a suspension of hostilities, the dura- 
tion and details of which have not yet been connnunicated to me. 

'' This fact with every other pertinent consideration will, I am 
sure, have your just and careful attention in the solenni deliberations 
upon which you are about to enter. If this measure attains a suc- 
cessful result, then our aspirations as a Christian, [)eace-l()viiig peo- 
])le will be realized. If it fails, it Avill be only another justification 
for our contemplated action."' 

I'residiMit McKinlcy to the Conj^ress of the I'nited States, special mes- 
sage. .Monday, April It, 1SU8, II. Doe. 4U.j, 5.") Cong. 2 sess. ; For. Kel. 
1898, 7.".(). 

" House of Representatives, '.\'1\ to 1!), passed yesterday afternoon n>so- 
lution authorizing and directing the President to intervene at once 
to stop the war in Cuba, with the purpose of securing i)eace and order 
there and establishing, by the free action of the peoi)le tiiereof, a 
stable and independent government of their own. and empowering 
him to use the land and naval forces to execute that [)urpose. 

"Senate Committee on Foreign Affairs reported yesterday resolution 
declaring that the jieople of the island of Cuba are and of right 
ought to be free and independent, demanding that Spain relin<iuish 
authority and government in C\ilta and withdraw land and naval 
forces therefrom, and empowering the President to use Army and 
Navy and militia to carry resolution into elTect. It will proi>ai>ly 
be decisively voted to-day. 

" Fltiniate resolution in conference can not now be forecast, but will doul)t- 
less direct intervention by force if need b(> to secure free Cui>a. Th-; 
situation is most critical." (Mr. Sherman, Se<'. of State, to -Mr. 
Woodford, min. to Spain, tel., April 14. 1S;>S. For. Kel. 181)8. Tf.l , 
H. Doc. 41.'8, .")."> Cong, 'l sess.) 

The rep(trt of the Senate Conunittee on Foreign lielations referred to in 
the preceding telegram was sui>mitted by Mr. Davis. It discuss(>d. 
first, the case of the Maine. ex])ressing the o]>inion that liei- destruc- 
tion " was i-ompassed either by the otlicial act of the Si)anis'i aulli'iri- 
ties or was made ])ossible by a negligence on their jtart so willing and 
so gross as to be e(iuivalent in cnlr)ability t<) positive- criminal action." 
It declared, however, that if that oalamity had never happened the 



224 INTERVENTION. [§ 009. 

quostioiis lK>t\vo<^n the T'liittnl States and Spain " would press for 
iuinuHliate solution," and that, under all the existing' conditions, 
ineludiu); the destruction of the Maine, the Unittnl States ought at 
once to rei-ojinize the indeix>ndence of the ptK)ple of Cuha, sukI also 
to intervene to the end " that such independence shall become a 
setthvl jtolitical fact at the earliest possible moment, by tb.e establish- 
ment b.v the frtH' a<"tion of the iHHjple of ('ul»a. when such action can 
l>e had. of a Kovernnient independent in fact and form." The right 
of intervention was argued on grounds of the special relations of the 
Unitetl States to Cuba. Spain's nuxle of conducting the war, the inter- 
ests of humanity, injuries to American citizens and proix>rty. and 
loss of commerce. In conclusion the report presented a resolution 
(1) declaring the independence of the p(H)ple of Cuba, (2) demanding 
Spain's withdrawal from the island, and (.'{) empowering the I'resi- 
dent to use the Army and Navy to eff<M-t these objects. Messrs. 
Turpie, Mills, D.iniel, and Foraker. whiU? concurring in the rernirt, 
recomniend(Hl " the innnediate recognition of the Republic of Cuba, as 
organizeil in that island, as a free, indei)endent, and sovereign iwwer 
among the nations of the world." Mr. Mills also presented a sepa- 
rate reiK)rt. emphasizing the exceptional relations between the Unitetl 
States and Cuba. (S. Kep. ,SSr», ."> Cong. 2 sess.. Parts 1 and 2.) 

"The Senate. Saturday evening, by (JT votes to 21, ])assed a resolution 
amending all the House resolution after the enacting clause. It de- 
clares as follows : 

" 'Rrsolrcd hy the >Sr)iatr ami House of ]f<in<seiitatiiex of the Viiiied 
States of America in Conijress assenil)le<l: 

"* First. That the i>eople of the island of Cuba are and of riglit ought to 
l)e free and indei»endent, and that the government of the United 
States hereby recognizes the Republic of Cuba as the true and lawful 
government of that island. 

"'Second. That it is the duty of the United States to demand, and the 
goveriuiH'nt of the United States does lu>reby demand, that the gov- 
ermnent of Spain at once relin(iuish its autiiority and government in 
the island of Cuba, and withdraw its land and naval forces from 
Cuba and Cu!»an waters. 

"'Third. That the I'resident of the Unitetl States be, and he hereby is, 
dinn-ted and em|M)wered to use the entire land and naval forces of 
the United States and to call into the actual service of the United 
States the militia of the several States to such an extent as may be 
n«H('ssary to <"arry these resolutions into etTe<t. 

" ' Fcmrth. That the United States hereby disclaims any disi>osition or 
intention to exercise sovereignty, juristliction, or c(»ntrol over said 
island, except for the pacification ther(>of, and asserts its determina- 
tion when that is accomi'Iished to leave the government and control 
I f the island to its iH'ople.' 

"The House has taken a recess until Kt Monday morning, when vote will 
be taken on concurring in the Senate amendm<'nts. If the House 
noni-oiicnrs conference follows. Ultimate form of resolution can 
not yet be fores«H'n." (.Mr. Day, .Vet. S<>c. of State, to .Mr. Wood- 
ford, mill, to Span, tel., April 17, ISOS — Sunday. 1 a. m.. For. Rel. 
1S!».s. 7";i : H. Doc. 42.S. ."> Cong. 2 sess.) 

"At :{ this morning, after prolongtMl conference, the Senate and the House 
of Representatives adopted the joint resolution, the text of which 



§ 909.] CUBA. 225 

was telegraphed to you Saturtlaj- night, omitting from the first sec- 
tion tlie words, 'And that tlie government of the United States 
hereby recognizes the Kei)ul)lic of Cuba as the true and lawful gov- 
ernment of that island.' Vote in Senate, 42 to 35 ; in House, 310 
against G. 

"An instruction will be telegraphed you later, inunediately on the Presi- 
dent signing the joint resolution. In the meantime you will prepare 
for withdrawal from Si)ain and notify consuls to be ready for the 
signal to leave. If any consul is in danger he may quietly leave at his 
discretion." (Mr. Day, Assist. Sec. of State, to Mr. Woodford, min. 
to Spain, tel., April 19, 1898, For. Kel. 1898, 702 ; II. Doc. 428, 55 Cong. 
2 sess.) 

" I transmit herewith copies of each of the following documents : 

" 1. House Doc. No. 405, Fiftj-tifth Congress, second session, being the 
message of the President to Congress on the relations of the United 
States to Spain by reason of the warfare in the island of Cuba ; 

" 2. Senate Doc. No. 230, same Congress and session, containing the 
reix>rts of the United States consular officers resi)ecting the condtion 
of the reconcentrados in Cuba, the state of war in that island, and the 
prospects of the projected autonomy ; and 

" 3. Senate Report No. 885, same Congress and session, being the report 
of the Counnittee on Foreign Relations of the Senate x-elative to 
affairs in Cuba. 

" These documents fully present the facts touching the situation in Cuba 
and show the reasons for the i)resent attitude of this government 
toward flie question." (Mr. Sherman. Sec. of State, to all U. S. 
legations abroad, circular, April 18, 1898, For. Rel. 1898, 1170.). 

" You have been furnished with the text of a joint resohition voted 
by the Congress of the United States on the 19th 
A 120 1898 ' i'l^t'iiit (approved to-day) in rehition to the pacifica- 
tion of the ishmd of Cuba. In obedience to that act, 
the President directs you to innnediately communicate to the govern- 
ment of Spain said resohition, with the formal demand that the gov- 
ernment of the United States that the government of Spain at once 
relinquisli its authority and government in the island of Cuba and 
withdraw its land and naval forces from Cuba and Cuban waters. 
In taking this step the United States hereby dischiims any disposition 
or intention to e.xercise sovereignty, jurisdiction, or control over said 
island except for the pacification thereof, and asserts its determination 
when that is accomplished to k'ave the government and control of the 
island to its people under such free and independent government as 
they may establish. 

'■ If by the hour of noon on Saturday next, the 23d day of April, 
instant, there be not connnunicated to this government by that of 
Spain a full and satisfactory resi)onse to this demand and resolution 
wherebv the ends of peace in Cuba shall be assured, the President will 
proceed without further notice to use the power and authority en- 
H. Doc. 551— vol G 15 



22() INTERVENTION. [§909. 

joiiu-tl iiiul c'onfcrrod upon him by the said joint resolution to such 
oxtc'iil as may be necessary to carry the same into etl'ect." 

Mr. Slu>rnmii, Sec. of State, to .Mr. Woodford, miii. to Spain, tol., April 20, 
IS'.tS, For. lii'l. 181)8. 7(i2 ; II. Doc. 428, m Cong. 2 sess. 

"ll'riti.ic Hksoi.ution — No. 21. | 

".lOINT lU'SOI.T'TlON for tlic recognition of tlio iixlopondonco of tlio i)Ooi)li' 
of Cnlm. (ItMnnndiiifi Hint tlic (Jovcrnincnt of .spjiiii rcliii(|iiisli its authority 
and fiovcrninoiil in tlic island of Ciilia. and to withdraw its iand and naval 
forces from Cuba and Cuban waters, and direct iti},' the Tresident of the 
luited States to use tlie land and naval forces of the I'uited States to carry 
these resolutions Into effect. 

" Wlicroiis the .-ibhorroiit conditions which have existed for more than throe 
years in the Island of Cuba, so near our own l)orders. have shocked 
the moral .sense of the people of the Tnited States, have been a disjj;race 
to Christian civilization, culminating, as they have, in the destruction 
of a I'nited States battle ship, with two hundred and si.\ty-five of its 
oliicers and crew, while on a friendly visit in the harbor of Iliivana, and 
can not longer be endured, as has been .set forth by the President of 
the I'nited States in his message to Congress of Ai)ril eleventh, eight- 
een huntlred and ninety-eight, upon which the action of Congress was 
invite<l : Therefore. 

"liryolrcil b;/ the ,Scii(itr (iml Jloiise of h'riirrsnitatirrs of ilir I'nited States 
of Aiiicriid ill Coiii/icsn as.scnihlcd. First. Tluit the jieople of the 
Island of Cub.i are, and of right ought to be. free ;ind indei)endent. 

" Second. Th.-it it is tlie duty of the Fnited States to demand, and the Gov- 
ernment of the I'nited States does hereby demand, that the Govern- 
men of Spain at once relin(iuish its authority and government in the 
Island of Cuba, and withdraw its land and naval forces from Cuba 
and Cul>an waters. 

"Third. That the I'resident of the I'nited States be, and he hereby is. 
directed and empowered to use the entire land and naval forces of 
the I'nited States, and to call into the a<'tual service of the I'nited 
Stati's the militia of the sev«'ral States, to such extent as may be nec; 
cssary to carry these resolutions into efTect. 

'"Fourth. Tiiat the I'nited States hereby disclaims any disjHJsition or inten- 
tion to exercise sovereignty, jurisdiction, or control (»ver said Island, 
except for the pa<-i(ication thereof, jind asserts its determination, 
when that is accomplished, to leave the government and control of 
the Isl.iud to its people. 

"Approved. April 20. l.SDS." CtO Stat. 7.".S. ) 

This is the full text of tlu' resolution; Imt only the resolution proper, 
exclusive of the i»reamble. had been telegra|»bed to .Mr. Woodford, its 
appeals not <»idy by the foregoing telegram, liut also by the copy .sent 
to the Sp.-mish minister in Washington of the demand which Mr. 
Woodford lijid be«>n instructed to iiresent. (For. Hel. INKS, 7<;4-7<io; 
II. I>oc. 12S, ."."i Cong. 2 sess. .">. ) 

On th(> m()iMiiii<r of Ajiril 20 a copy was commtinicated by Mr. 
Sherman, as ."Secretary of State, to Sefior Polo de Hernal)e. Spanish 
piinister at Washincfton. of the instructions sent to Mr. ^^^)odfoI•d in 
pursiumce of the joint resohition. 



§ 909.] CUBA. 227 

Senor Polo immediately replied that the resolution was of such 
a nature that his continuance in Washington became impossible. 
He asked for his passports, and stated that the protection of Spanish 
interests would be intrusted to the French ambassador and the 
Austro-Hungarian minister. 

His passports were sent to him; and he was at the same time 
informed that arrangements had been made for a guard to attend 
him during his presence in the territory of the United States. 

Mr. Sherman, See. of State, to Sefior Polo de Bernabo, Span, niin., April 
20, 1898 ; Senor Polo de Bernabe, Span, min., to Mr. Sherman, See. 
of State, April 20, 1898; Mr. Sherman, See. of State, to Senor Polo de 
Bernabe, Span, min., April 20, 1898 : For. Kel. 1898, TGJ-TOo ; H. Doe. 
428, 55 Cong. 2 sess. 

Copy of passport handed to Minister Polo de Bernabe. 

No. .] UNITED STATES OF AMERICA. 

To all to whom these presents shall come, greeting : 

Know ye that the bearer hereof. Senor Don Lviis Polo de Bernabe, envoy 
extraordinary and minister plenipotentiary of S[)ain to the United 
States, is about to travel abroad, accompanied by his family and 
suite. 

These are therefore to request all officers of the United States, or of any 
State thereof, whom it may concern, to i)ermit them to pass freely, 
without let or molestation, and to extend to them friendly aid and 
protection in case of need. 

In testimony whereof I, John Sherman, Secretary of State of the TTnited 
States of America, have hereunto set my hand and caused the seal 
of the Department of State to be affixed, at Washington, this 20th 
day of April, A. D. 1898, and of the independence of the United 
States of America the one hundred uud tvveuty-second. 
[seal.] John Sherman. 

" Seiior Polo de Bernabe, Spanish minister to the United States, 
upon being informed shortly before noon to-day of the action of this 
government taken in pursuance of the resolutions of Congress of 
April 19, 1898, has asked for his passports. In compliance with his 
request passports for himself, his family, and suite have been handed 
him, with assurances of safety while within the territory of the 
U'nited States. 

" Unless previously handed your passj^orts, you will be expected 
to remain near the Court of Spain till Saturday noon of this week, 
and unless by that day and hour some communication is received from 
the government of Spain which you deem will be satisfactory to this 
government you are to a.sk for your passports and safe conduct." 

Mr. Sherman. See. of State, to Mr. Woodford, min. to Spain, tel.. Ai)ri! 
20, 1898, For. Kel. 1898, 700; II. Doe. 428, 55 Cong. 2 sess. 



228 INTERVENTION. [§ 000. 

'• Pearly this (Saturday) morning, immediately after the receipt of 
your open telegram and Ix^fore I had eouununicated same to Spanish 
government, Spanish minister for foreign affairs notified me that 
diplonuitio relations are broken l)etween the two countries and that all 
official connnunication between their respective representatives have 
ceased. I accordingly asked for safe passport. Turn legation over 
to British embassy and leave for Paris this afternoon. Have notified 
consuls." 

Mr. WtMxlford. iniii. to Spain, to Mr. Shernum, Sec. of State, tel., April 
21, 1898, For. Kel. 1808, TO*!; II. Doe. 428, .^m Cong. 2 sess. 

" Following is text of official note received this morning at 7.30 
o'clock from Spanish minister of state. 

" ' In compliance with a painful duty, I have the honor to inform 
your excellency that, the President having api)roved a resolution of 
both Chaml)ers of the United States which, in denying the legitimate 
.sovereignty of Spain and in threatening armed intervention in Cuba, 
is ecjuivalent to an evident declaration of war, the government of 
His Majesty has ordered its minister in Washington to withdraw 
without loss of tiuie from the North American territory with all the 
personnel of the legation. By this act the diplomatic relations 
which previously existed between the two countries are broken oflF, 
all official connnunication Ix'tween their respective represtMitatives 
ceasing, and I hasten to couiuuniicate this to your excellency in order 
that on your part you nuiy make such dispositions as seem suitable. 

"' I beg youi" excellency to kindly acknowledge the receipt of this 
note, and T avail myself, etc' " 

.Mr. Woodford, niin. to Spjiiii. to Mr. Sherman, See. of State, tel., April 
2\, 1S'.»S. For. Hel. 1S'.»S, 7<iT ; II. Doe. 428, ',-) Cong. 2 se.ss. 

" Following is text of my reply to official note received this morning 
at 7..*{0 o'clock froui Spanish minister of state: 

" • I have the honor to acknowledge the receipt this morning of 
your note of this date informing me that the Spanish minister at 
AVashinglon has been ordered to withdraw Avith all his legation and 
without loss of tiuie from North American territory. You also in- 
form uie that In" this act diplomatic relations between the two coim- 
tries are broken off: that all official communication between their 
res])ective representatives ceases. I have accordingly this day 
telegraphed the American consul-general at Barcelona to in.strnct all 
the consuhir representatives of the United States in Spain to turn 
their respective consulates over to the British consuls and to leave 
Spain at once. T have myself turned this legation over to Her 
Britaunic Majesty's embassy at Madrid. That embassy will from 
this time have the care of all American interests in Spain. I now 



§ 009.] CUBA. 229 

iv(}iiost passports and safe conduct to the French frontier for my- 
self and the j>ersonnel of this legation. I intend leaving thi*s after- 
noon at 4 o'clock for Paris. I avail myself, etc.'" 

.Mr. Woodford, iiiiii. to Spain, to Mr. Shcrnian, See. of State, tel.. .\pril 
■21. ISDS. For. Kel. 1S!>,S. 7C>7 ; II. Doc. 428, ."j Cong. 2 sess. 

The correspondence relating to the execution of the joint resolution 

of Congress was laid before both Houses with a 
Blockade of Cuban • i 

special message, 
ports. ^ . f 

" The iK)sition of Spain being thus made known 
and the demands of the United States being denied with a complete 
rupture of intercourse by the act of Spain, I have been constrained, in 
exercise of the power and authority conferred upon me by the joint 
resolution aforesaid, to proclaim under date of April 2-2, 1898. a block- 
ade of certain ])orts of the north coast of Cuba, lying between Cardenas 
and Bahia Honda, and of the port of Cienfuegos on the south coast of 
Cui)a; and further, in exercise of my constitutional powers and using 
the authority conferred upon me by the act of Congress approved 
April 22, 1898, to issue my proclamation, dated April 23, 1898, calling 
forth volunteers in order to carry into eli'ect the said resolution of 
April 20, 1898. Copies of these proclamations are hereto appended. 
" In view of the measures so taken, and with a view to the adoption 
of such other measures as may be necessary to enable me to carry out 
the expressed will of the Congress of the United States in the 
premises, I now reconnnend to your honorable body the adoption of a 
joint resolution declaring that a state of war exists between the 
United States of America and the Kingdom of Spain, p.nd T urge 
speedy action thei-eon, to the end that the definition of the interna- 
tional status of the United States as a belligerent power may be made 
known, and the assertion of all its rights and the maintenance of all 
its duties in the conduct of a public war may be assured." 

I'rcsideiit McKiiiK'y to the Senate and House of Hepresenta lives, siyecial 

nies.sage. ,\[)ril 2.1, IS'.tS, II. Doc. 42S. :,r, ("ong. 2 sess. : For. Hel. 1S98, 

771. 
See, in relation to Cuba, the following documents: 
Govin, Charles. Correspondence concerning liis death. S. Doe. nO, .~>4 

C(ing. 2 sess.; For. Rel. IS'.Mi, 70.">-7H». 
Claims of citizens of the United States agiunst Spain, .Tan. 1S07. S. Doe. 

7!>, .">4 Cong. 2 sess. ; For. Uel. ISlKi, 710. 
Competitor case. S. Doe. 7!). ."»4 Cong. 2 sess.: S. Doe. 14<I, ,"»4 Cong. 2 

sess.: S. Uep. .'^77, .1.") Cong. 1 sess. 
Citizens of the United States arrested in Cui)a. Fei). 24, IS!)."), to .Tan. 2.", 

18!»7. S. Doc. S4, .">4 Cong. 2 sess.: Vov. lie!. 18!t7, .■■»22-.".2.".. Sevent.v- 

four i»er.sons, citizens of the United States, or claiming to he sn<li. 

were arrested. 
Betancourt, Caspar \. .\rrest and detention. S. Doc 11'.». .")4 Cong. 2 

sess. 



230 INTERVENTION. [§ 009. 

Aincriciiii citiziMis in ]ii'is<»ii in Culci. Mnrch 1, 1S!)7. S. Doe. 172, ~A 

Coiifl. - s«>ss. 
Loiu'Z. Srjrundd X. Killiiifr of. S. Doc. TJO, r>4 Coii}:. '2 st'ss. : F<tr. Uol. 

is'.m;. s4(;. 

Iiiclii'Iit'ii, (Just.ivc, Miul Holtcn. Aufiiist. .Vrrest and iiuiirisonniont in 
("ulci. S. Doc. 47. ">."> ('on>;. 1 sc:<v<. ; S. Hep. .'571, ;"» ConK. I scss. 

Ajruinv. (ico. Wasliintrtoii. Arrest in Cuh.-i. S. E.\. ".V." .") Con^.. spe- 
cial St'SS. 

Condition of nffjiirs in ('ul)a. Testimony taken by the Senate Connnittee 
on Foreij^n Kelations, nnder a resolntion of May 1(!. ISIMJ. 

•■ Til my last aiiiiuiil iiiossa<<:e very full coiisicleration ^vas ^ivcn to 

the (iiu'stion of the duty of the <2;overnnient of the 

War and peace. i' •. i .•. ^ , i o ■ i ii /^ i 

^ I lilted States toward Spain and the Cuban insur- 

leciion as hein<r hy fjii" the most im|)ortaiit j)rol)lein with which we 

were tiieii called upon to deal. The considerations then advanced, 

and the exposition of the views therein expressed. (lis(;losed my senso 

of the extreme <rravity of the situation. Settin*;: aside, as l<)«ricalh' 

unfounded or practically inadmissible, the rec()<jiiiti<)ii of the Cuban 

insiirefents as bellioferents. the reco<;nition of the independence of 

Cuba, neutral intervention to end the war by iinposin<j: a rational 

compromise between the contestants, intervention in favor of one or 

the other i)arty, and forcible annexation of the island. I concluded 

it was hoiH^stly due to our friendly relations with Spain that she 

should be o;iven a reasonable chance to realize hor expectations of 

reform to which she ha<l become irrevocably committed. Within a 

few weeks ])reviously she had announced comi)rehensive j)lans which 

it was coidideiitly asserted would l)e ellicacioiis to remedy the evils so 

deeply a tfect in<^ ourown country, so injurious to the true interests of 

the, mother country as well as to those of Cuba, and so i-epuji^nant to 

the universal seiitiniyiit of humanity. 

"/riie ensuiii<i: iiionth broiiofht little siefn of real profjress toward the 

])acification of ('iiba. 'I'he autonomous administrations set \i\) in 

the capital and some of the principal cities appeared not to ^ain the 

faxor of the inhabilants nor to be ai)le to extend theii" influence to 

the lai-<jre extent of territory held by the insurofents. while the miii- 

lary arm. obviously unable to cope with the still active rebellion. 

contiMue(l many of the most objectionable and offensive j)olicies of 

the <r<>vernmeiit that had |)rece(led it. No taniifil)le relief was all'oi'ded 

the \a~-t numbers of uiiha|)i)y recoiiceiitrados despite the reiterated 

pr(d'e»i()iis made in that re<rard and the amount api)i"oj)riated by 

.S|):iiii Id that eii<l. The prolleretl exjx'dient of /.ones of cultivation 

j)ro\('d ilbisory: indeed no less pi-actical nor more delusive jirom- 

ises of succor could well have been tendered to the exhausted and 

destitute iieopje. stripped of all that made life and home dear and 

herdtMl in a >lran<j:<' reo^ioii amonir unsympathetic strane^ers hardly 

less necessitidis than tliemselves. 



§ 909.] CUBA. 231 

"By the end of Doconibor the mortality among them had fright- 
fully increased. Conservative estimates from Spanish sources ])laced 
the deaths among these distressed people at over forty per cent from 
the time (ieneral AVeyler's decree of reconcentration was enforced. 
AVith the ac(iuiescence of the Spanish authorities a scheme Avas 
adoi)ted for relief by charitable contributions raised in this country 
and distributed, under the direction of the consul-general and the 
several consuls, by noble and earnest individual eli'ort through the 
organized agencies of the American Ked Cross. Thousands of lives 
were thus saved, l)ut many thousands more were inaccessible to such 
forms of aid. 

" The war continued on the old footing without comprehensive 
plan, developing only the same spasmodic encounters, barren of stra- 
tegic result, that had marked the course of the earlier ten years' 
rebellion as well as the present insurrection from its start. No alter- 
native save physical exhaustion of either combatant, and therewithal 
the practical ruin of the island, lay in sight, but how far distant no 
one could venture to conjecture. 

"At this juncture, on the ir)th of Februar}" last, occurred the de- 
struction of the l)attle shij) Maine wdiile rightfully lying in the har- 
bor of Havana on a mission of international courtesy and good will — 
a catastrophe the suspicious nature and horror of which stirred the 
nation's heart })r()foundly. It is a striking evidence of the poise and 
sturdy good sense distinguishing our national character that this 
shocking blow, falling upon a generous people, already deeply touched 
by preceding events in Cuba, did not move them to an instant, des- 
perate resolve to tolerate no longer the existence of a condition of 
danger and disorder at our doors that made j)ossible such a deed, by 
whomsoever wrought. Y(>t the instinct of justice prevailed and the 
nation anxiously awaited the result of the searching investigation at 
once set on foot. The liuding of the naval board of in((uiry estab- 
lished that the origin of the explosion was external by a submarine 
mine, and only halted, through lack of positive testimony, to lix the 
responsibility of its authorship. 

"All these things carried conviction to the most thoughtful, even 
before the finding of the naval court, that a crisis in our relations 
with Spain and toward Cuba was at hand. So strong was this belief 
that it needed but a brief executive suggestion to the Congress to 
receive inunediate answer to the duty of makinii; instant provision for 
the possible and perhaps si)eedily probable emergency of war, and the 
remarkable, almost unique, spectacle was presented of a unanimous 
vote of both Houses, on the l>th of March, appro|)riating fifty mil- 
lion dollars * for the national defense and for each and every purpose 
( onuocted therewith, to be expeiid(Ml at the discretion of the Presulenl." 
That this act of prevision came none too soon was disclonjd when the 



232 INTERVENTION. [§ 909. 

apj)lication of the fund was uiulortaken. Our coasts were practically 
undefended. Our Xavv needed large provision for increased ammu- 
nition and supplies, and evcMi numbers to cope with any sudden attack 
from the navy of Spain, which comprised modern vessels of the high- 
est type of continental perfection. Our Army also required enlarge- 
ment of men and munitions. The details of the hm'ried preparation 
for the dreaded contingency is told in the reports of the Secretaries 
of War and of the Navy, and need not be repeated here. It is suffi- 
cient to say that the outbreak of war, when it did come, found our 
nation not unprepared to meet the conflict. 

" Nor was the apprehension of coming strife confined to our own 
country. It was felt by the continental i)owers. which, on April Gth, 
through their ambassadors and envoys, addressed to the Executive 
:!n expression of hope that humanity and moderation might nuirk the 
c(>urse of this government and people, and that further negotiations 
would lead to an agreement which, while securing the maintenance of 
l)eace, would afl'ord all necessary guarantees for the reestablishment 
of order in Cuba. In responding to that representation, I said I 
shared the hope the envoys had expressed that peace might be pre- 
served in a manner to terminate the chronic condition of disturbance 
in Cuba so injurious and menacing to our interests and tranquil- 
lity, as well as shocking to our sentiments of humanity; and, while 
iipj)reciating the humanitarian and disinterested character of the 
connnunication they had made on behalf of the i)owei-s, I stated the 
confidence' of this government, for its j^art, that e(|ual aj)j)reciation 
would be shown for its own eai'uest and unselfish endeavors to fulfill 
a duty to humanity l)y ending a situation the indefinite jjrolongation 
of which had become iiisuftcrable. 

" Still animated by the hope of a peaceful solution and obeying 
the dictates of duty, no effort was relaxed to bring about a speedy 
ending of the Cuban struggle. Negotiations to this object con- 
linued activity with the government of Spain, looking to the innne- 
diate conclusion of a six months' armistice in Cuba, with a view 
to effect the recognition of her jK'ople's right to independence. 
Besides this, the instant revocation of the order of reconcentration 
was asked, so that the sufferers, returning to their homes and aided 
by united American and Sj)anish effort, might 1)(> put in a way 
to suj)port themselves, and. by ordei'ly resumption of the well-nigh 
destroyed productive energies of the island, contribute to the restora- 
tion of its ti-aiKpiillity and well-being. Negotiations continued for 
i-ome little time at Madrid, resulting in offers by the Spanish gov- 
ermncnt which could not but b;' regarded as inadequate. It was 
proposed to confide the pre|)arati()n of peace to the insular parlia- 
ment, yet to be convened und<'r the autonomous decrees of November, 
isi'T, but without imj)airment in anywise of the constitutional powers 



§ 909.] CUBA. 233 

of the Madrid government, which, to that end, woiihl grant an 
armistice, if solicited by the insurgents, for such time as the general- 
in-chief might see fit to fix. How and with what scope of discre- 
tionary powers the insuhir parliament was expected to set about the 
' preparation ' of peace did not appear. If it were to be by negotia- 
tion with the insurgents, the issue seemed to rest on the one side with 
a body chosen by a fraction of the electors in the districts under 
Spanish control, and on the other with the insurgent population hold- 
ing the interior country, unrepresented in the so-called parliament, 
and defiant at the suggestion of suing for peace. 

" (irieved and disa])p()inted at this barren outcome of my sincere 
endeavors to reach a practicable solution, I felt it my duty to remit 
the whole question to the Congress. In the message of April 11, 
1898, I announced that with this last overture in the direction of 
immediate peace in Cuba, and its disappointing reception by Spain, 
the effort of the Executive was l)rought to an end. I again reviewed 
the alternative courses of aciion which had been proposed, con- 
cluding that the only one consonant with international policy and 
compatible with our firm-set historical traditions Avas intervention as 
a neutral to stop the war and check the hopeless sacrifice of life, even 
though that resort involved ' hostile constraint upon both the parties 
to the contest, as Avell to enforce a truce as to guide the eventual 
settlement.' The grounds justifying that step were, the interests of 
humanity; the duty to protect the life and property of our citizens 
in Cuba; the right to check injury to our commerce and people 
through the devastation of the island, and, most important, the need 
of removing at once and forever the constant menace and the burdens 
entailed upon our government by the uncertainties and j)erils of the 
situation caused by the unendurable disturbance in Cuba. I said: 

" ' The long trial has proved that the object for whicli Spain has 
waged the war can not be attained. The fire of insurrection may 
flame or may smolder with varying seasons, but it has not been, and 
it is plain that it can not be, extinguished by present methods. The 
only hope of relief and repose from a condition which can i\o longer 
be endured is the enforced pacification of Cuba. In the name of 
humanity, in the name of civilization, in behalf of endangered 
American interests which give us tiie right and the duty to speak 
and to act, the war in Cuba nuist stop,' 

" In view of all this, the Congress was asked to authorize and em- 
power the President to take measures to secure a full and final ter- 
mination of hostilities between Sj)ain and the people of Cuba and to 
secure in the island the establishment of a stable govermuent, capa- 
ble of maintaining order and observing its international obligations, 
insuring peace and tran(|uillity. and the security of its citizens as 
well as our own, and for the accomplishment of those ends to use 



2^4 INTERVENTION. [§ 000. 

th(> militarv and naval forcvs of the United States as niifj:lit bo 
necessary; witli added authority to eontiniie <renerous relief to the 
starvin<r people of Cnha. 

" The resi)onse of the Congress, after nine days of earnest delibera- 
tion, durinir which the almost unanimous sentiment of your body was 
develo|)ed on every j)<)int save as to the e.\|)ediencv of couplinj^ the 
proposed action with a formal recojj^nition of the Keiiublic of Cuba 
as the true and lawful jrovermnent of that island — a proposition 
which failed of adoption — the C()n<;ress, after conference, on the 
r.Hh of Ai)ril, by a vote of 4-2 to :V) in the Senate and :M1 to G 
in the House of Kepresentatives, jiassed the memoi-able joint resolu- 
tion (U'clariu<r — 

"' Fii'st. That the i)eople of the ishnul of (^iba are. and of iM<;ht 
ou<rht to be. free and indei)en(lent. 

■• • Second. That it is the duty of the United States to demand, and 
the (lovernment of the United States does hereby demand, that the 
(lovcrmnent of Spain at once relinciuish its authoi'ity and <rovern- 
n»ent in the island of Cuba and withdraw its land a. id naval forces 
from Cuba and Cuban waters. 

" * Third. That the Pi-esident of the United States be. and he hereby 
is. directed an<l empowered to use the entire land and naval forces 
of the United States, and to call into the actual service of the 
United States the militia of the several States, to such extent as 
may be necessary to cai'iy these resolutions into effect. 

•• ' Foin'th. That the United States hei'cby disclaims any disj)osition 
oi" intention to exercise sovereii::nty. jurisdiction, oi' control over said 
island except for the pacification thereof, and asserts its determina- 
tion when tlial is accomplished to leave the <!fovernm(>nt and con- 
trol of the island to its j)eople.' 

"Tliis resolution was ai)prov('d by the Executive on the next day. 
A|)Im1 "JOth. A copy was at once connnunicated to the Sjianish min- 
ister at this ca|)ital. who forthwith announced thatdiis continuanx'e 
in ^^'ashin<ifton had thereby become impossible, and asked for his 
j)asspoi-ts. which wei-e «riven him. lie thereupon withdrew from 
\\'ashin,irton. leaviii<if the j)rotection of S|)anish interests in the 
Cnited States to the I'^rench ambassador and the Austro-IIun<rarian 
minister. Simultaneously with its conuuunicat ion to the Spanish 
minister hei'e. (leneral ^^'oo(lfoI•d. the American minister at Madrid, 
was lele<ri-a|)hed confirmation of the text of the joint icsolution and 
directed to conuMunicate it to the (lovernment of Sj)ain with the 
foi'uial deman<l that it at once relin(|uish its authority and gov- 
ernment in t.,e island of Cul)a and withdraw its forces therefrom, 
cou|)lin<r this demand with announcement of the intentions of this 
(iovermnent as to the future of the island, in conformity with the 



§ 909.] CUBA. 235 

fourth clause of the resohition, and giving Spain until noon of April 
23d to reply. 

" That demand, although, as above shown, officially made known to 
the Spanish envoy here, was not delivered at Madrid. After the 
instruction reached (ieneral Woodford on the morning of April 21st, 
but before he could present it, the Spanish minister of state noti- 
fied him that upon the President's approval of the joint resolution 
the Madrid government, regarding the act as ' equivalent to an 
evident declaration of war,' had ordered its minister in "Washington 
to withdraw, thereb}' breaking off diplomatic relations between the 
two countries and ceasing all official communication between their 
respective representatives. General Woodford thereupon demanded 
his passports and quitted Madrid the same day. 

" Spain having thus denied the demand of the United States and 
initiated that complete form of rupture of relations which attends a 
state of war, the P^xecutive powers authorized by the resolution were 
at once used by me to meet the enlarged contingency of actual war 
between sovereign states. On April 22d I proclaimed a blockade of 
the north coast of Cuba, including ports on said coast between Car- 
denas and Bahia Honda and the port of Cienfuegos on the south 
coast of Cuba: and on the 23d I called for volunteers to execute the 
purpose of the resolution. By my message of April 2r)th the Con- 
gress was informed of the situation, and I recommended formal 
declaration of the existence of a state of Avar between the United 
States and S^^ain. The Congress accordingly voted on the same day 
the act approved April 25, 1808. declaring the existence of such war 
from and including the 21st day of April, and reenacted the provision 
of the resolution of April 20th, directing the President to use all the 
armed forces of the nation to carry that act into effect. Due notifica- 
tion of the existence of war as aforesaid was given Ajiril 25th by 
telegraph to all the governments with which the United States main- 
tain relations, in order that their neutrality might be assured during 
the war. The various governments responded with proclamations 
of neutrality, each after its own methods. It is not among the least 
gratifying incidents of tlie struggle that the obligations of neutrality 
were impartially discharged by all, often under delicate and difficult 
circumstances. 

" In further fulfillment of international duty I issued, April 2G, 
1898, a proclamation announcing the treatment proposed to be ac- 
corded to vessels and their cargoes as to blockade, contral^and, the 
exercise of the right of search, and the immunity of neutral flags 
and neutral goods under enemy's flag. A similar proclamation was 
made by the Spanish government. In the conduct of hostilities the 
rules of the Declaration of Paris, including abstention from resort to 



236 INTERVENTION. [§ 910. 

privatoorin<2:. have accordingly l)cen observed by both belligerents, 
although neither was a part}' to that declaration.'^ 

Presidoiit MrKinlcy. annual message, Dee. 5, 1898, For. Rel. 1808, xlix. 

"As soon as we are in possession of Cuba and have pacified the 
island it will be necessary to give aid and direction to its people to 
form a government for themselves. This should be undertaken at 
the earliest moment consistent with safety and assured success. It 
is important that our relations with this people shall be of the 
most friendly character and our commercial relations close and recip- 
rocal. It should be our duty to assist in every proper way to build 
up the waste places of the island, encourage the industry of the })eo- 
j>le, and assist them to form a government which shall be free and 
independent, thus realizing the best aspirations of the Cuban people. 

"Spanish rule must he replaced by a just, benevolent, and humane 
government, created by the people of Cuba, capable of performing 
all international obligations and which shall encourage thrift, indus- 
try, and ])rosj)erity, and promote peace and good will among all 
of the inhabitants, whatever may have been their relations in the 
past. Neither revenge nor passion should have a j)lace in the new 
government, lentil there is complete tranquillity in the island and 
a stai)le government inaugurated military occupation will be con- 
tinued." 

I'residont McKinloy. annual message. Dec. .'>, 1808. For. Rel. 1808, Ixvi. 
The treaty of ix'acc was roncludod at Paris Dec. 10. 1808. an armistice 
having previously been entered into on August 12, 1808. 

" During the past year we have reduced our force in Cuba and 
]*orto Ivico. In Cuba we now have 334 officers and 10,7DC enlisted 
men ; in Porto Rico, 87 officers and 2,855 enlisted men and a battalion 
of 400 men composed of native Porto Ricans; while stationed 
throughout the United States are 010 officers and 17,317 men, and in 
Hawaii 1*2 officers and 453 eidisted men." 

President McKinley, annua! mess;ige. D«'c. ."). 1S!M>. For He). 18!)0, xxxviii. 

(5) THE RKiniU.U' OK CUBA. 

§ 010. 

I'nder the authority of the United States, as temporary occupant 
of Cul)u, a general election was held in the island on 

Cuban independ- ^]^^, ^]ji,.,| Saturdav in Septemb<M% 1000, to elect dele- 
ence. .' . ' 

gates to a constitutional convention, which was to 

meet at Havana on the first Monday of November. The election was 

held on Sei)teinl)er 15. and the convention assembled on the 5th of 

NovemU'r. 

President McKinley. annual m«*ssjige, Dec. X 1000, For. Rel. 10f)0, xli. 



§ 910.] CUBA. 237 

" That in fulfillment of the declaration contained in the joint reso- 
lution approved April tNventieth, eighteen hundred and ninety-eight, 
entitled, ' For the recognition of the independence of the i)eople of 
Cuba, demanding that the government of Spain relin(iuisli its au- 
thority and government in the island of Cuba, and to withdraw its 
land and naval forces from Cuba and Cuban waters, and directing 
the President of the United States to use the land and naval forces 
of the United States to carry these resolutions into effect,' the Presi- 
dent is hereby authorized to ' leave the government and control of 
the island of Cuba to its people ' so soon as a government shall have 
been established in said island under a constitution which, either as 
a part thereof or in an ordinance appended thereto, shall define the 
future relations of the United States with Cuba, substantially as 
follows : 

" I. That the government of Cuba shall never enter into any treaty 
or other compact with any foreign power or powers which will im- 
pair or tend to impair the independence of Cuba, nor in any manner 
authorize or permit any foreign power or powers to obtain by colo- 
nization or for military or naval purposes or otherwise, lodgment in 
or control over any portion of said island. 

"• II. That said government shall not assume or contract any pub- 
lic debt, to pay the interest upon which, and to make reasonable sink- 
ing-fund provision for the ultimate discharge of which, the ordinary 
revenues of the island, after defraying the current expenses of gov- 
ernment shall be inadequate. 

" III. That the government of Cuba consents that the United 
States may exercise the right to intervene for the preservation of 
Cuban independence, the maintenance of a government adequate for 
the i)rotection of life, property, and individual liberty, and for dis- 
charging the obligations with respect to Cuba imposed by the treaty 
of Paris on the United States, now to be assumed and undertaken by 
the government of Cuba. 

" IV. That all acts of the United States in Cuba during its military 
occupancy thereof are ratified and validated, and all lawful rights 
acquired thereunder shall be maintained and protected. 

" V. That the govermnent of Cuba will execute, and as far as neces- 
sary extend, the plans already devised or other plans to be mutually 
agreed upon, for the sanitation of the cities of the island, to the end 
that a recurrence of epidemic and infectious diseases may be pre- 
vented, thereby assuring protection to the people and connnerce of 
Cuba, as well as to the commerce of the southern ports of the United 
States and the people residing therein. 

" VT. That the Isle of Pines shall be omitted froui tlie proposed 
constitutional boundaries of Cuba, the title thereto being left to 
futun; adjustment by treaty. 



288 INTKKVENTION. [§910. 

" \'II. That to onahlc tho United States to maintain the independ- 
ence of C'uba. and to protect the people thereof, as Avell as for its 
own defense, tlie <rovernnient of Cuba will sell or lease to the United 
States lands neeessarv for eoalin<j or naval stations at certain speci- 
tied points, to be a<rreed ujion with the President of the United 
States. 

" VIII. That bv way of further assurance the fjovernment of Cuba 
will embody the forejj^oing j)rovisions in a permanent treaty with the 
United States."' 

Aft Man-h 2, IIKM, 31 Stat. 805. 85)7-808. The foroRoinR provisions, 
drawn by Senator IMatt. of Connect icnt, were offered by bini and 
were adopted as an aniendnient to the bill, whi<h became the act of 
ConKress of .March 2, IJHIl, niakinj? appropriations for the support 
of the I'nited States Army. They were incoriwrated into an oi'di- 
nance api>ended to the Cuban constitution. They were also embodied 
in a iK'rnianent treaty between the Ignited States and the Republic of 
Cuba, siirned at Havana. May 22. 1!K).".. the ratifications of which were 
exchanjjed at Wasliinjiton July 1. 11)04. liy a treaty concluded July 
2, 1!)0;{. Cuba leased to tlie I'nited States certain areas of land and 
water at (Juantanamo and Hahia Honda for naval or coalinj; stations. 
This treaty stii)ulates (.\rt. IV.) that violators of Cuban law taking 
refujie in such areas, and violators of Cnited States law in such areas 
taking refuge in Cuban territory, shall be reciprocally delivered up. 

For a review of the joint resolution of April 20, 1808, see an article by 
Carman F. Randolph in the Columbia Law Review, June. lOOl. 

" In Cuba such pro<rress has been made toward putting: the inde- 
I)endent government of the island uj)()n a firm footing that before the 
j)resent session of the Congress closes this will be an accomi)lished 
fact. Cuba will then start as lu'r own mistress; and to the JR^autiful 
(^ueen of the Antilles, as she unfolds this new page of her destiny, 
we extend our heartiest greetings and good wishes. Elsewhere I 
have discussed the (piestion of reciprocity. In the case of Cuba, 
however, there are weighty reasons of morality and of national 
interest why the policy should be held to have a peculiar apjjlication, 
ami I most earnestly ask your attention to the wisdom, indeed to the 
vital need, of j)rovi(ling for a substantial reduction in the tariff duties 
on Cuban imports into the United States. Cuba has in her constitu- 
tion aflirmed what we desired, that she shoidd stand, in interimtional 
mattei-s. in closer and more frieiuUy relations with us than with any 
other power: and we are bound i)y every consideration of honor and 
e.\|)ediency to pass commercial measures in the interest of her material 
well-being.*" 

rresident Roosevelt, annual message, Dec. .'{, 1001. For. Rel. 1!K)1. xx.xi. 

The second intenuitional conference of American states, held at 
the City of Mexico in VMl-1, adopted a resolution directing the 



§ 911.] GOOD OFFICES. 239 

I^resident of the conference to convey to the future President of the 
Republic of Cuba its " earnest well wishes for the happy discharge of 
his high office as well as its good wishes for the prosperity of the 
future Republic of Cuba." The resolution was offered by Mr. Charles 
M. Pepper, on behalf of the delegation of the United States. It was 
officially transmitted by the president of the conference to General 
AVood, the military governor of Cuba, to be delivered to the President 
of the Republic of Cuba whenever that government should have been 
inaugurated. 

Int. Coiif. of Am. States, S. Doc. .'530, 57 Cong. 1 sess. 21. 175. 

^Ir. Tomas Estrada Palma was inaugurated as President of the 
Republic of Cuba on May 20, 1002. 

S. Doc. 3«>3, 57 Cong. 1 sess. Foi* congratulations of the United States 
Senate to the Republic of Cuba, May 21, 1902, see S. Doc. 376, 57 
Cong. 1 sess. 

The message of I'resident Roosevelt of March 27, 1902. recommending 
that provision be made for dii)l<)matic and consular representation 
of the United States in Cuba, is printed in S. Doc. 270, 57 Cong. 
1 sess. 

As to the incidents attending the withdrawal of United States troops 
from Cuba, see For. Rel. 1904, 2.38. 

As to sanitary conditions in Cuba, see For. Rel. 1904. 247 et seq. 

As to criminal procedure in Cuba, see For. Rel. 1904, 254. 

4. Good offices. 
§ 911. 

The good offices of governments and their agents are constantly 
employed for the purpose of composing international differences. 
The exercise of good offices is a frientliy and unofficial proceeding, 
and does not partake of the nature of intervention, (lood offices are 
also frequently used by dii^lomatic agents in giving unofficial aid to 
their fellow-citizens in matters that lie outside the scope of formal 
intervention, as Avell as in assisting the citizens or subjects of third 
powei-s who may lack dij)lomatic representation of their own in the 
particular country. 

For exami)les of good otlices, see General Index to Dip. Cor. and For. 

Rels.. p. .".(JS. 
As to the attempt to use good olHces in Cliile in 1891. see For. Rel. 1891, 

111, 112, 120, 122, 123-1.30, 131, 1.32. 135, 140, 14(5. 

" The President has seen with satisfaction, that the ministers of 
the United States in Europe, while they have avoided an useless com- 
mitment of their nation on the subject of the Marquis de la P'ay- 
ette, have nevertheless shewn themselves attentive to his situation. 
The interest which the President himself, and our citizens in gciiei-al. 
take in the welfare of this jrentleman, is great and sincere, and will 



240 INTERVENTION. [§ 911« 

entirely justify all prudent efforts to serve him. I am therefore to 
desire, that you Avill avail yourself of every opportunity of sounding 
the way towards his liberation, of finding out whether those in whose 
power he is are very tenacious of him, of insinuating through such 
channels as you shall think suitable, the attentions of the government 
and people of the United States to this object, and the interest they 
take in it, and of procuring his liberation by informal solicitations, 
if possible. But if formal ones be necessary, and the moment should 
arrive when you shall find that they Avill be effectual, you are au- 
thorized to signify, through such channel as you shall find suitable, 
that our government and nation, faithful in their attachments to 
this gentlenum for the services he has rendered them, feel a livelj' 
interest in his welfare, and will view his liberation as a mark, of 
consideration and friendship for the United States, and as a new 
motive for esteem and a reciprocation of kind offices towards the 
power to whom they shall be indebted for this act, 

'•A like letter being written to Mr. Pinckney, you Avill of course 
take care, that however you may act through different channels, 
there be still a sufficient degree of concert in your proceedings." 

Mr. .Teflfei'son. Sw. of 8tiiti', to Mr. Morris, iiiin. to FraiK-e. Mjirch 15, 
17!);?, Memoirs, Correspoiideuco, &c., of Jefferson, by Kaudolph, III. 
214. 

" The President has perused with great interest your communica- 
tion of the 25th ultimo, and the accompanying memorial signed by 
yourself and a number of other American citizens of high character, 
who have recently visited the city of Naples. The letter and memo- 
rial invite the attention of the Executive to the excessive rigor of 
punishment, which it is understood to be the practice there to inflict 
upon alleged political offenders, and suggest whether, without con- 
travening their settled policy of noninterference with the affairs of 
other nations, the United States might not without impropriety, 
either alone, or in conjunction with some of the leading powers of 
Europe, appeal to the government in such a manner as would awaken 
its clemency and tend to ameliorate the condition of this class of 
sufi'erers. ^ 

" The I*resident does justice to the sentiments of the memorial, 
which he cordially ai)proves, and he api)reciates the benevolence by 
wiiich the memorialists are animated. Far from being insensible to 
tyraiuiy wherever or by whomsoever exercised, he sincerely sympa- 
thizes with the ojjpressed of all countries. The uniform policy of 
this govermnent has been not to interfere in the domestic affairs of 
other nations. TIun policy was wisely established by President 
Washington, who carried it so far as to refus(> to interfere officially 
for the release of La Fayette, his friend and companion in arms, Avho 



§ 911.] GOOD OFFICES. 241 

was incarcerated for many years in the prison at Olmertz. Tliat 
was a case mnch stronger than this, as La P'ayette had fought our 
battles for freedom, had been naturalized in some of the States, and 
was imprisoned by a power to whom he owed no allegiance. It is 
hardly possible to conceive of a case appealing more strongly to 
our sympathies than this; the struggle between affection and duty 
must have been great ; but Washington doubtless pursued the true 
policy and set an example which has never been departed from by 
his successors. Though impelled by the strongest sympathy for the 
oppressed, the President does not feel justitied in departing from 
this salutary rule." 

Mr. Crittenden, Act. Sec. of State, to Mr. Jno. V. L. I'riiyn, Oct. 8, 1851, 
39 MS. Doni. Let. 277. 

"A minister is not only at liberty, but he is morally l)ound, to ren- 
der all the good offices he can to other powers and their subjects con- 
sistently with the discharge of those principal responsibilities I have 
described. But it belongs to the state where the minister resides to 
decide in every case in what numner and in what degree such good 
offices shall be rendered, and, indeed. Avhether tliey shall be tolerated 
at all." 

Mr. Seward, Sec. of State, to Mr. Corwin, Apr. 18, 1803, MS. Inst. Mex. 
XVII. 440. 

" On the 21st of June last, by direction of the President of the 
United States, I communicated to President Juarez of Mexico, by 
telegraph, the jjroposition of His Im])erial Majesty of Austria, that 
he would reinstate the Prince Maximilian in all his rights of posses- 
sion as Archduke of Austria, as soon as the prince should be set at 
liberty and shoidd renounce forever all his jjrojects in Mexico, At 
an earlier date, namely, on the 15th, I had in like manner used the 
telegraph to make known to President Juarez the request of Her 
Majesty the Queen of England and of the Emperor of the French 
for the good offices of this government in behalf of the Prince 
Maximilian." 

Mr. Seward, Sec. of State, to fount Wydenbruck, July 1. 18(57, MS. 

Notes to Austrian Leg. VII. 2W. 
See, also, same to same, tel.. July 3, 18(>7, id. 241. 
In relation to the capture and execution of Maximilian, see Dip. Cor. 

1867, II. 408-420, 431, 4;M. 
Also, Maximilian in Mex.ico, by Sara Yorke Stevenson, 288-30<;. 

" The long deferred peace conference between Spain and the allied 
South American republics has been inaugurated in Washington 
under the auspices of the United States. Pursuant to the reconi- 
H. Doc. 551— vol 6-^ 16 



242 INTERVENTION. [§ Oil, 

nioiulation rontainod in tlie rosolution of the House of Representa- 
tives, of the 17th of Decemlx^r, 186G, the executive department of 
the government otfered its friendly offices for the promotion of 
peace and harmony l>etween Spain and the allied republics. Hesita- 
tions and obstacles occurred to the acceptance of this offer. Ulti- 
mately, however, a conference was arran|j;ed, and was opened in this 
city on the 29th of OctoWr last, at which 1 authorized the Secretary 
of State to preside. It was attended by the ministers of Spain, Peru, 
Chili, and Ecuador. In conse(]uence of the absence of a re})resenta- 
live from Bolivia the conference was adjourned until the attendance 
of a plenipotentiary from that republic could be secured, or other 
measures could be ado])ted toward compassing its objects. 

" The allieil and other republics of S|)anisli origin, on this conti- 
nent, may see in this fact a new j)roof of our sincere interest in their 
welfare; of our desire to see them blessed with good governments, 
capable of maintaining order and preserving their respective terri- 
torial integrity ; and of our sincere wish to extend our own commercial 
and social relations with them. The time is not probably far distant 
when, in the natural course of events, the P^uropean political con- 
nection with this continent will cease. Our policy should be shaped, 
in view of this probability, so as to ally the coumiercial interest of 
the Spanish-American States more closely to our own. and thus 
give the ITnited States all the jirecminence and all the advantage 
which Mr. Monroe, Mr. Adams, and Mr. Clay contemj)lated when 
they proposed to join in the congress of Panama." 

President (Jrant, animal inessago. Dw. ,"), J870, For. Rel. 1870, ,~>. 

(lood offices, being in the natuie of unofticial ])ersonal reconmien- 
dation. are in this resj)ect distinguishable from official intervention. 

.Mr. F'isli. Soc. of State, to .Mr. Curtiii, iiiin. to Russia, No. (50, Oft. 5, 1870, 
.MS. Inst. Russia XV. 2i:i. 

t)n .luiK' l.">. ISSl, Senor Ubico, Guatemalan minister at Washing- 
ton, addressed a note to Mr. Blaine, who was then Secretary of State, 
complaining of allege*! encroachments of Mexico on (iuatemalan ter- 
ritory and declaring that, all peaceful means of conciliation appear- 
ing to l)e exhausted, (iuatemala could but appeal to the United States 
'' as the natural protector of the integrity of the Central American 
territory." 

On the following day Mr. Blaine addressed an instruction to Mr. 
Morgan. American minister at Mexico, calling attention lo the state- 
ments of the (Iuatemalan minister, and saying that, while the United 
States was not " a .self-constituted arbitrator of the destinies " of 
either Cfuatemala or Mexico, it was, as " the impartial friend of 
both, ready to tender frank and earnest couusqI touching anything 



§!'!!.] GOOD OFFICES. 243 

which may ineiiace tlic peace and prosperity of its neighbors. It 
is, above all," continued Mr. IMaine, '' anxious to do any and every- 
thing Avhich will tend to make stronger the natural union of the 
rej)ublics of the continent, in the face of the tendencies of other and 
distant foi-ms of government to influence the internal affairs of 
Spanish America. It is especially anxious, in pursuance of this great 
policy, to see the Central Auici-icau republics more securely united 
th'in they have been in the past in protection of their common 
interests, which interests are, in their outward relations, identical in 
principle with those of Mexico and the United States." Mr. Blaine 
added that the President, without prejudice to the merits of the con- 
troversy, deemed it his duty, as the unbiased counselor of both 
Mexico and (Juateuuda, "to set before the government of Mexico 
his conviction of the danger to the principles which Mexico has so 
signally and successfully defended in the past, which would ensue 
sliould disrespect be shown to the l)oundaries which separate her 
from her weaker neighl)ors, or should the authority of force be re- 
sorted to in establishment of rights over territory which they claim, 
without the conceded justification of her just title thereto, and espe- 
cially would the President regard as an unfriendly act toward the 
cherished plan of upbuilding strong republican governments in Span- 
ish America, ii" Mexico, whose power and generosity should be alike 
signal in such a case, shall seek or permit any misunderstanding 
with (luatemala, when the path toward a pacific avoidance of 
troul^le is at once so easy and so imperative an international duty." 
Mr. Morgan was directed to seek an interview Avith Seiior Mariscal, 
Mexican minister of foreign affairs, and to acquaint him with the ])ur- 
port of these instructions, and even to read them to him if he should 
so desire. 

On June 2\. 1H81. Mr. Blaine addressed a further instruction to Mr. 
Morgan, on the strength of information received from the American 
minister at (Juatemala City, which Avas said to indicate that Mexico 
intended not mei'ely to obtain possession of the disj)uted territory, but 
to i)recii)itate hostilities with Guatemala with the ultimate view of 
extending her bordci's by actual con(]uesl. Mr. Blaine said that he 
could not believe it possible that these designs could seriously enter 
into the {)olicy of the Mexican government. Of late years, said Mr. 
Blaine, the Amei'ican movement toward fixity of boundaries and 
abstention from territorial enlargement had been so marked and so 
necessary a pa!"t of the continental ]K)licv of the American republics 
that any departui'e tiierefrom became " necessarily a nuMiace to the 
interests of all." The "now established policy" of the United States 
to refrain from territorial acc|uisition gave that government tlie right, 
declared Mr. Blaine, to use its friendly offices in discouragement of 
any movement on the part of neighboring states which might "tend 



244 INTERVENTION. [§ 911. 

t(» (list ml) the halaiici' of power l)etweon them," and rendered it 
morally ohlipitory on the United States, as the strong but disinter- 
ested friend of all its sister states, to exert its influence *•' for the pres- 
ervation of the national life and integrity of any one of them against 
aggression, whether this may come from abroad or from another 
American republic." The "peaceful maintenance of the .status quo 
of the American connnonwealths " was, said Mr. Blaine, "of the 
very essence of their ])olicy of harmonious alliance for self-preserva- 
tion, and is of even more importance to ^SFexico than to the United 
States." It was the desire and int<Mition of the United States, by 
moi'al influence and the interposition of good offices," " to hold up the 
i-«'publics of Central America in their old strength and to do all that 
may be done toward insuring the trancinillity of their relations among 
themselves and their collective secuiity as an association of allied 
intei'ests, |K)ssessing in their conunon relationship to the outer world 
all of the elements of national existence." In this "enlarged j)()licy," 
said Mr. Blaine, the United States confidenlly asked the c()oj)eration 
of Mexico, while any contrary movement on her part directly leading 
to the abs()rj)tion in whole or in part of her weaker neighbors would 
Im' deemed "an act unfriendly to the l)est interests of America." Mr. 
Morgan was instructed to bring these views to the attention of Mi". 
Mariscal, and to intimate that the good feeling between Mexico a?id 
the United States would be fortified by a frank avowal that the 
Mexican policy towards the neighboring states was iu)t one of con- 
(|uest or aggrandizement, but of conciliation, peace, and friendship. 

Mr. Morgan had an interview with Mr. Mariscal on July J), 1881, 
:ind ac(|uainted the latter with the ])urport of his instructions. Mr. 
Mariscal insisted that it was Mexico that had caust* to complain 
against (luatemala and not (Juatemala against Mexico. Further 
intervii'ws were held, with the result that Mr. Morgan, in a dispatch 
of Sej)temlM'r 2*2, IHSl, suggested that unless tlu' Unite<l States was 
prejjared to announce to Mexico that it woidd, if necessary, actively 
preserv<' the {)<>ace, it would be the part of wisdom to let the matter 
remain where it was. " Negotiations on the subject," said Mr. Mor- 
gan, "will not benefit (Juatemala, and you may depend upon it that 
what we have already done in this direction has not tended to the 
increasing of the cordial relations which I know it is so nmch your 
desire to cultivate with this nation." 

In an Instruction to Mr. Morgan of Novemln'r 28, 1881, Mr. Blaine 
declared that to leave the imitter where it was was simply impossible, 
since it would not remain there. The United States had sought to 
comp<)se the differences In'tween the two. countries, which differences 
would Ix'come moH' aggravated if they were not ended. Informa- 
tion, said Mr. Blaine, has Imhmi received that Mexican troops had 
been ordered to the disputed boundary line. The United States did 



§ 911.] GOOD OFFICES. 245 

not pretend to direct the policy of Mexico, and the Mexican govern- 
ment was of course free to decline the counsel of the United States, 
no matter how friendly. But it was necessary that the United States 
should know distinctly wiiat the Mexican government had decided. 
It was useless, and apparently would be irritating, declared Mr. 
Blaine, "to keep before the governmeiit of Mexico the offer of 
friendly intervention, while, on the other hand, it would not be just 
to Guatemala to hold that government in suspense as to whether 
there was a possibility of the acceptance of the amicable mediation 
which we have offered." Mr. Morgan was therefore to seek an inter- 
view with Mr. Mariscal and urge upon him the peaceful solution of 
existing differences, and, if he should find it to be practicable, to 
suggest a limited arbitration. Should the Mexican government 
decline this "friendly intervention," Mr. Morgan was to state that 
he accepted this decision as one inidoubtedly within the right of 
Mexico to make; but he was to express the regret of the United 
States if it should be found that the powerful Republic of Mexico 
was unwilling to join in maintaining and establishing the principle 
of friendly arbitration of international differences on the continent 
of America. Mexico and the United States, acting in cordial har- 
mony, could, said Mr. Blaine, induce all the other independent gov- 
ernments of North and South America to aid in fixing this ])olicy 
of peace for all the future disputes between the nations of the West- 
ern Hemisphere. In concluding the instruction, Mr. Blaine adverted 
to an intimation made by Mr. Mariscal that President Barrios, of 
Guatemala, was endeavoring to obtain the influence of the United 
States towards furthering his ambition of forming a consolidation 
of the Central American republics. With reference to this intima- 
tion, Mr. Blaine declared that the union of the Central American 
states appealed to the sympathy and judgment of the United States; 
that this was no new policy, but one which the United States had 
for many years urged upon those republics. If, said Mr. Blaine, 
an inference was to be drawn from Mr. Mariscal's language that the 
prospect of a Central American union was not agreeable to the 
policy of Mexico, and that the friendly attitude of the United States 
towards such union rendered unwelcome the " friendly intervention " 
which had been offered, this fact would only deepen the regret at 
Mexico's decision, and compelled him (Mr. Blaine) "to declare that 
the government of the United States will consider a hostile demon- 
stration against Guatemala for the avowed purpose, or with the 
certain result of weakening hei- power in such an effort, as an act not 
in consonance with the position and character of Mexico, not in har- 
mony with the friendly relations existing between us, and injurious 
to the best interests of all (he rej)ublics of this continent." The 
United States, added Mr. Blaine, " will continue its policy of peace 



246 INTERVENTION. [§ 911. 

even if it can not have the o^rcat aid wliich the cooperation of Mexico 
woiihl assure; and it will hojx', at no distant day. to see such concord 
and cooperation hetween all the nations of America as will render 
war inipossihie."" Mr. Morgan was directed to leave a copy of this 
instruction with Mr. Mariscal. 

Sofuir ri>i(u. (Juiiteinalan iiiiii. to Mr. lilaiiu*. See. of State. June !.">. 1881, 
For. Ucl. ISSl. r,UH\ .Mr. Hlaiuc. S*'c. of State, to Mr. Morpin, uiiii. 
to Mt'.xico. No. i:iS. .luiu' IC, ISSl. For. Itol. IKSl, TfJC. ; same t<» same. 
No. 141!. Juno 21. l.SSl. id. TtiS; Mr. .Morgan to .Mr. lilaine. No. '2^2, 
July 12. ISSl. i<l. 77:5: samo to same. No. 27:?. Sept. 22. ISSl. id. S(HJ. 
S(«»: .Mr. Hlaino to Mr. Morgan. .No. 1!»S. Nov. 28. 18S1, id. S14. 

See, also, a i)amplilot entitled. "Difficulties between Me.xico .-ind (Juate- 
mala. I'ro|M)sed mediation of the I'nited States. Some official <locu- 
ments. .New Vork. 1,SS2." 

WLile tlie fnifed States would not look with favor on any " scliemes of 
aKf^randi/.ement " hy which " the individuality of any of the states 
of Central .Vmerica would disappear in civil turmoil or comiuest," 
yet it woiUd view with ai>prohation "such an intimacy of union 
Itetween the states of Central .\merica as wmdd not only secure their 
domestic interests hut render them outwardly stron;? against the rest 
of the world." (.Mr. Kvarts, Sec. of State, to Mr. Logan, min. to 
Cent. Am.. No. .">:!. contld., March 4, 18S0, .MS. Inst. Cent. Am. XVIIl. 
7.-?.) 

Tt appeared upon investi^rntion that the particular point that pre- 
vented a friendly arrangement hetween (Juateimila and Mexico was 
the callin<r into (piestion hy the former of Mexico's title to tlie State 
of Chiapas, including the territory of Socomisco. On Decemher J^l, 
ISSl, Mr. Morgati, under further instructions of the Department of 
State, made a formal tender to the .Mexican govermnent of the "good 
offices"' of the President of the United States and of his services as 
arhitrator. Mr. Mariscal. on March 'JO. lSSi>. replied that the Mexi- 
can government found it impossible to discuss or submit to arbitra- 
tion the (|iiestion of her rights to this portion of her territory. l)ut 
would agree to arbitration if the (Juatemalan goxcrmnent would ex- 
|)ressly exclude Chiajjas and Socomisco. On this basis the prelimi- 
naries of a treaty of settlement were signed at New Xork on .Vugust 
12. ISS-J. 

Mr. Frelinghuysen. So<'. of State, to .Mr. Montfifar, Guatemalan min., 
June .".. 1SS2, For. Uel. 1SS2, :{2f» ; Mr. Montfifar to Mr. Frelinghuysen. 
June lo, 1SS2. i(f. .'i2S;Mr. Frelinghuysen to Mr. Montnfar. June 27. 
1SS2. id. :'.:!(»: Mr. .Montnfar to Mr. Frelinghuysen. July 21. 1882. id 
:VM\: .Mr. Frelinglniysen to Mr. Montnfar. July 24. 1882. id. X'A \ Mr. 
Komero. Mex. min.. to Mr. Frelinghuysen. .Vug. 14. ls.82, id. 4H7 ; Mr. 
Cm/.. Cualcmalan min.. to .Mr. Frelinghuyscn. ()<t. 14, 1882, id. :i:'.2. 

"Art. XXII. The United States will aid by their good offices, if 
desired, in securing the imion of the five Central American republics 
under one representative government, and the reorganization of the 



§912.] PROTECTION OF CITIZENS. 247 

said republics in one nationality being accomplished, the Central 
American republics shall have the same rights and bear the same 
obligations as Nicaragua has and bears by virtue of this treaty." 

Frelinghuysen-Zavala Treaty, Dec. 1, 1884, between the United States 
and Nicaragua, unratifie<l; Sen. Doc. 291, ;"> Cong. 2 sess. 10. 

Tlie treaty was signed by Fi'edericli T. Frelinghuysen, Sec. of State, and 
General Joaquin Zavala, e,x-President of Nicaragua. 

The consular agent of the United States at Johannesburg was 
directed to render to John Hays Hammond and other American 
citizens arrested by the Boers on charges of rebellion in connection 
with the Jameson raid '' all possible aid and protection." Simul- 
taneously, the American ambassador in London was instructed to 
apply to the foreign office, with a view to obtain the good offices of 
the British representatives in South Africa. In compliance with 
this request the British high commissioner was instructed to see that 
the persons in question received all proper protection and assistance. 

Mr. Olney, Sec. of State, to Mr. Catchings, M. C, Jan. 25, 189f>, 207 MS. 
Dom. Let. 349. 

" By way of friendly good offices, you will inform British min- 
ister for foreign affairs that I am to-day in receipt of a telegram from 
the United States consul at Pretoria reporting that the government 
of the two African republics request the President's intervention 
with a view to cessation of hostilities, and that a similar request is 
made to the representatives of P2uropean powers. In connnunica- 
ting this request I am directed by the President to express his earnest 
lioj)e that a way to bring about peace may be found and to say that 
he would be glad to aid in any friendly manner to promote so happy 
a result." 

Mr. Hay. Sec. of State, to Mr. White, charge', tel.. March 10. 19<X). MS. 
Inst. Gr. Br. XXXIII. 'M'A. 

The British government rei)lied that it could not accept the " interven- 
tion " of any i)ower in the contest. It is obvious that tlie Boer 
request was not happily phrased, the use of the word " intervention " 
affording a ready ground of declination. 

See, as to this incident, S. Doc. 222, ."HI Cong. 1 sess. 

II. NOM'OLITICAL ISTKRVKSTIOW 

1. Protection of Citizens. 

§ 912. 

The most usual, indeed it may be said that the ordinary, ground 
of intervention is that of the protection of the citizens of a country 
against wrong or injustice in another land. Such wrong or injustice 



248 INTERVENTION. [§ 912. 

may rosult either from the positive actioji of a government or from 
the omission to extend such protection as is due under the circum- 
stances. Formal intervention is extended by a government in such 
cases only in hehalf of its own citizens, and in re,spect of acts which 
occurred while they held the relation of citizens. The wrong done to 
a government in the })erson of its citizen is not transferred to another 
government i)V his naturalization as a citizen of the latter. 

"Another privilege of a citizen of the United States is to demand 
the care and protection of the Federal government over his life, 
lilx^rty, and i)roperty when on the high seas or within the jurisdiction 
of a foreign government. Of this there caji he no doubt, nor that 
the right depends upon his character as a citizen of the United 
States. . . , All rights secured to our citizens by treaties with 
foreign nations, are dependent upon citizenship of the ITnited States 
and not citizenship of a State." 

^rill«'r. .7.. SliiiiKlitcr-lIouse fasos, 10 W.ill. :M\ 70. SO. 

" If liis property was captured by the United States, under circum- 
stances which entitled him to require its restoration, the law of 
nations gave him the right to prosecute his claim through his own 
governuient for the loss he sustained. That right was not taken from 
him by the al)an(h)ned and captured })ropei'ty act. It was open to 
Iiim from the first moment of the capture. All he had to do was to 
induce his govermnent to assume the i'es])onsil)i.lity of making his 
claim, and then the matter would be ' prosecuted as one nation jjro- 
ceeds against another, not by suit in the courts as matter of right, 
but by diplomatic representations, or, if need be, by war.' Tn such 
cases ' it rests with the sovereign against whom the demand is made to 
determine for himself what he will do with it. He may pay or reject 
it ; he may submit to arbitration, open hi«^ (Avn courts to suit, or con- 
sent to be tried in the (;ourts of another nation. All depends upon 
himself.' r/u'trd States V. D'xhchimu. J>-2 U. S. 520." 

Vc.uiiK r. I'nitetl States (1S77). 07 U. S. .'iO, (57. 

"When a diplomatic representative is satisfied that an applicant 
for protection has a right to his intervention, he should interest him- 
s«'lf in his InOialf, examining carefully into his grievances. If he 
finds that the complaints are well founded, he should interpos<» 
firndy. but with courtesy and moderation, with the authorities in his 
l)ehalf and rejjort the case to the I)ei)artment of State for its further 
action, if any be re((uired." 

Printe<l Iiistriitlioiis to Diplouiatic Officers of the United States (1897), 
§ 170. 



§ 912.] PROTECTION OF CITIZENS. 249 

" It is the wish of the President that you should make use of your 
official interposition upon those occasions only when, after a careful 
examination of the complaint, you shall be satisfied that wrong has 
been done in contravention either of the treaty or of public law. By 
carefully restricting your aj)plications for redress to cases of this dis- 
position, by abstaining from interference in all doubtful cases, the 
probability of your obtaining prompt and ample justice will be much 
increased. You will also inculcate upon your countrymen the neces- 
sity of a proper respect from the established laws, decrees, and 
usages, the stipulation of Brazil in the treaty to protect citizens of 
the United States, being subject to that condition. Xaval officers 
can not expect to be exempted from the operation of this rule, and 
they should conform to all the Brazilian fiscal and sanitary regula- 
tions. In regard to diplomatic agents, the twenty-seventh article 
of the treaty declares that those of the United States in Brazil can 
claim such innnunities only as that Empire may choose to extend to 
the representatives of other powers." 

;Mr. Forsyth, See. of State, to Mr. Hunter, charge (Vaflfaires to Brazil, 
No. 13, April 18, 1835, MS. Inst. Brazil, XV. 19. 

'• The proposition that those who resort to foreign countries are 
bound to submit to their laws as expounded by the judicial tribunals 
is not disputed. The exception to this rule, however, is that when 
palj)able injustice, that is to say, such as would be obvious to all the 
world, is committed by that authority towards a fot-eigner for alleged 
infractions of municipal law, of treaties, or of the law of nations, the 
government of the country whereof the foreigner is a citizen or sub- 
ject has a clear right to hold the country whose authorities have been 
guilty of the wrong, accountable therefor. This right is not weak- 
ened because the judicial may be independent of the executive or both 
of the legislative power. Complaint is made to the e.xecutive by the 
foreign government because that is the only proper medium and 
organ of conununication, and not because it may be supposed to be 
within the competency of that department to redress the grievance. 
Undoubtedly the interest and duty of every nation admonish extreme 
caution in ajiplications of this sort which should never be made 
unless there is a well-grounded persuasion that, even after the com- 
j)laint shall have been iufpiired into by the aggressor, the case will 
be fouud to lie within the limits above uiarked out. (lovernments 
should be especially slow to interfei'e in cases arising from imputed 
breaches of municipal la\y only. 

" It is conceived that the case of the Morris is embraced by these 
principles. The vessel and that part of the cargo which was .Viiieri- 
can property were acquitted by the court of admiraUy at Puerto 
Cabello. Under all the circumstances, the establishment of the 



250 INTERVENTION. [§ 912. 

special court of appeal Tor the trial of the case, can not but be viewed 
as a most unwarrantable act. The article of the Colombian consti- 
tution which is (juoted in justification of it does not touch the case 
in a single })oint. That article was intended solely to confer upon the 
President t>xtrat)rdinarv powers in the event of internal revolt or 
forei«rn invasion durin*? the recess of Congress. The Morris was a 
vessel of the United States, with a cargo j)rincipally belonging to our 
citizens. She was bound to (Jibraltar and, ^^hen within sight of her 
destination, was cai)tured by a Colombian privateer ui)on the pretext 
(hat she had on board a few articles the property of subjects of His 
Catholic Majesty. It recpiires no argument to expose the absurdity 
of attempting to ai)ply the article of the Colombian constitution in 
(question to such a case as this." 

Mr. Forsytli, S<'c. of State, to Mr. Seinple, charg*'' d'affaire.s to New 
(Jranada, No. 7, Fel). 12, la-^O. MS. Inst. Colombia, XV. 58. 

" I have received the letter of the 27th. signed by you as chairman 
of a meeting of gentlemen at New York on the evening of the 6th 
instant, accompanied by a 'statement'' and 'resolutions' adopted by 
that meeting, relative to the protection of citizens of the United States 
abroad in their rights of conscience, public worship, and sepulture. 
In rej)ly I have to inform you that this subject has hitherto received 
aiul shall continue to receive all proper attention from the (xovern- 
ment. The rights advertetl to have Ix^en secured in whole or in part 
by the 11th article of our treaty with Colombia of 1S24; by the i8th 
of our treaties with Central America and Brazil of 1825 and 1828, 
i-espectively : l)y the ir)th of our treaty with Mexico of 18;U ; l)v the 
11th of our treaty with Chile of 1832; by the 14th of oin- treaty with 
\Vnezuela of 188('): by the 10th of our treaty with the Peru-Holivian 
Confederation of the same year, and by (he Hth of our treaty with 
Ecuador of Is^'!). A\'ithin a year or two |)as(, also, j)ursuant to an 
appropriation by Congress, a lot of land for a ceuu'tery has Ix'en 
jiiinhased and j)rej)ared near the City of Mexico to which the re- 
mains of those who were killed in battle or who died in that (juarter 
• luring the late wai". have l)een transferred and where in future all 
.itizens of the United States who uuiy die in the vicinity may be 
biiricil." 

Mr. .Many. Sec of Stat«>. to Mr. Wood. .Ian. .".1. 1S.'4. 42 MS. Doni. Let 
IS I. 

The l)i-itisli ministei' at Washington having connnunicated to the 
Department of State a co|)y of an instruction sent i)y Lord Clarendon 
to the di|)lomatic ag«'nts of (iieat Hiitain in certain Central and 
South Ann'ri<an states, expressing the dissent of the British govern- 
ment from the position said to have been taken by some of those 



§ 912.] PROTECTION OF CITIZENS. 251 

states to the effect that the interposition of such agents for the pro- 
tection of British subjects was not a proper attribute of the diplo- 
matic character, the Department of State said that, in advance of the 
direct announcement of such a principle to the United States, no 
definitive opinion could safely be formed as to the course which it 
might lie advisable to pursue, but added: "We shall ahvayn, how- 
ever, maintain our right to remonstrate with or claim indemnifica- 
tion from any foreign government through our diplomatic repre- 
sentative accredited to that government on account of any acts of 
violence which may have been inflicted by officers of that government 
on the persons and property of citizens of the United States. In 
cases of contract, however, ... it is not the practice of this 
government to authorize its diplonuitic representatives officially to 
interfere." 

Mr. Mai-oy, .Sec. of State, to Mr. Crampton, British min., Oct. 12, 1855, 
MS. Notes to Great Britain, VII. m\. 

November 15, 1875, Mr. P^'ish sent to the diplomatic officers of the 
United States a circular, enclosing a copy of his instruction No. 265 
of November 5, 1875, to Mr. Gushing, in relation to the latter's report 
that (ieneral Burriel had been promoted. Mr. Fish declared that 
this promotion, without any effective steps having been taken to 
carry out the stipulation in the protocol of November 29, 1873, to 
the effect that Spain would investigate the conduct of those of her 
authorities who had infringed Spanish law or treaty obligations and 
" arraign them before competent courts and inflict punishment on 
those who may have offended," gave rise to renewed serious con- 
sideration touching the relations between the United States and 
Spain. With this sti])ulation entirely unperformed, (ieneral Bur- 
riel, said Mr. P^ish, had by i)ublicati()ns in the press justified his acts 
and claimed that they were justified by decree of Caiitain-Cieneral 
Didce. The Spanish government had defended his right to make 
(he publications in question, pointing out that he had ceased to hold 
official position in Cuba, and had expressed its willingness to discuss 
the question of his prosecution as being bound up with the main 
question of the Virr/inhs. It was subsequently reported that the 
( ase of (leneral Burriel was before a council of war, but Mr. Fish 
declared that it was doubtful whether this was the fact, and that 
it might be assumed that nothing was done by the council, if any 
such ever assembled. Nevertheless the United States had learned 
with surprise that General Burriel had been suddenly promoted and 
taken into active service. The want of military officers had been 
urged as an excuse for this act. but, even if it was necessary to em- 
ploy General Burriel, it was not necessary to jH-omote him. and the 
statement of the Spanish government that it was its intention, not- 



252 INTERVENTION. [§^12. 

withstandin*; liis promotion, (o lu'ifonn the proniisps of the proto- 
col was entirely iinsatisfactorv. Air, Ciishing was instriioted definitely 
to ascertain whether tlie Spanish government did or did not take 
it upon itself to say whether the ads of (leneral Buri'iel were in 
accordance with Spanish law and treaty ohligations, and also what 
were it.s intentions as to the execution of the engagement made in 
the protocol. 

Mr. Fish. Sec. of State, to American ministers, rirciilar. Nov. !."». ISTH, 
MS. ('irc\il:irs. II. !»S, !t!>. 

'* The state to which a foreigner belongs may interfere for his pro- 
tection when he has received positive maltreatment, or when he has 
been denied ordinai-y justice in the foreign country, and the state of 
the foreigner may insist ui)on immediate reparation in the former 
case." 

Mr. Evarts. Sec. of State, to Mr. (Jooi-lloo. Mar. 14. 1879, MS. Inst. Hel- 

Kiuni. II. 177. 
Tills is simply tlic liinguajfc <»f riiiliimon'. Int. Law (.".d edition). II. 4. 

Where a ])erson sought to make a claim against the British gov- 
ernment for alleged illegal arrest aiul imprisonment by the authori- 
ties at Belize, growing out of the enforcement against him of a writ 
of iir t'.rcdt. tlu' Department of State observed that the Belize law 
with regard to the enforcement of the writ in question was. as (juoted, 
substantially the same as that of several of the States of the United 
States, and that there a|)peai'e(l to be no good claim for indemnity 
fi'om the British government. AN'hether the claimant had any ground 
foi' the a<-tion for malicious prosecution against the pei'son who 
caused his arrest was, said the l)e])artment of State, a question to be 
detei'uiined by law and not by diplomatic intervention, and that he 
would have to show that he was not under proceedings for the re- 
covery of a dei)t and not about to leave the counti'v, in oi'der to make 
out a cause of action for false im|)iMsonment. 

Mr. Frclin^ilniyson. Sec. of State, fo Messrs. IIiiKans and llroadwell, Dec. 
11. 1.S.H4, l."i:'. MS. Dom. Let. 404. 

" It cannot be admitted that in every case the rights of a foreigner 
in that country | Peru | may be measured by the extent of the j)rotec- 
tion to |)ers()n and prop<'rty which a citizen might obtain. In times 
of civil conflict ... it not infrecpiently happens that citizens of 
a <-ountry are c<)mi)elled to endure injuries which would afford ample 
basis for international int<'rvention. if they were inflicted on a for- 
eigner." 

Mr. Hayard. Soc. of State, to Mr. Biurk, min. to Peru, No. Sii, Aug. 24, 
188<!. .MS. Inst. Peru, XVII. 231. 



§ 912.] PROTECTION OF CITIZENS. 253 

This statement was made by Mr. Bayard in reply to the eontention of 
the Peruvian government that a foreigner was not entitled in Peru to 
greater rights than a citizen, and that, as in the case of a citizen, an 
appeal would have to be made to the courts for redress before appli- 
cation could have been made to the government, the same course must 
be pursued in the case under consideration, whieh was that of the 
killing of Owen Young, a citizen of the United States, in Peru, in 
1884, by a I'oruvuin soldier. 

Discrimination against an American citizen on the ground of alien- 
age, by which he is excluded from redress in courts of justice for in- 
juries inflicted on him, is a ground for diplomatic interposition. 

Mr. Porter, Act. Sec. of State, to Mr. Phelps, min. to Peru, No. llil, June 
4, 1885, MS. Inst. Peru, XVII. 154. 

October 25, 1887, the legislature of I*eru directed the executive to 
take immediate possession of the Trujillo and Salaverrv Railroad and 
Salaverry Mole, then in the i)ossession and administration of Mr. E. C. 
Dubois, an American citizen, and of certain otiier railroads and cer- 
tain steamer in the possession and administration of Mr. J. L. Thorn- 
dike, also an American citizen. Against this measure the American 
legation at Lima, in pursuance of instructions, protested, declaring 
that the United States could not regard but with grave concern a 
confiscation of the property rights of American citizens in Peru by 
the government of that country, and would be compelled, in case of 
such confiscation, to claim compensation for any damages to citizens 
of the United States thereby inflicted. 

Mr. Bayard. Sec. of State, to Mr. Neill, charge at Lima, No. 171, Dec. 17, 
1887, MS. Inst. Peru, XVII. 306. 

The Department of State subsequentl}' received information that, 
in spite of the protests made by the United States, (Ireat Britain, and 
Germany, against the action of Peru in taking the railway from the 
contractors, that government was adoj)ting vigorous measures to 
carry out the orders of the legislature, and that a conunission of gov- 
ernment officers was leaving Jauva for the puri)ose of taking posses- 
sion of the Trujillo railroad. It was stated that, in 1884, the govern- 
ment of (Jeneral Iglesias actually took forcible possession of the Tru- 
jillo railroad, which Avas then in the possession of other persons, but 
(hat, through the energetic interposition of the American legation at 
Lima, acting under instructions, a settleuient was reached. The con- 
tract between Mr. Dubois and the government was entered into on 
February 14, 1885. The Iglesias government, about the same time, 
also proposed to take forcible possession of the Oroya railroad, then 
under lease to Messrs. Meiggs and Cilley. citizens of tlie United 
States, but the seizure w-as in like manner prevented, and a lease of the 



2f)4 INTERVENTION. [§912. 

road was subsoqupntly inado to M. P. (Jracc, which lease was approved 
l)y contracts made U'tweon the IVnivian government and Grace on 
I'Vbruarv 20, 1885. In 1886 the Cacares government passed a law 
annulling the acts of the two previous administrations of Pierola and 
Iglesias. Against this act all the foreign diplomatic rej>resentatives 
iit Lima formally j)r()tested, so far as it might affect the rights of the 
citizens of their respective countries. It was in the enforcement of 
this act, however, that the act of 1887 above referred to was passed. 
With reference to these allegations, the American legation at Lima 
was instructed as follows: 

" You are instructed to lay these facts before the Peruvian govern- 
ment and ask from them a prompt explanation ; and if the statements 
above given are sui)stantiated, you are instructed in such case to 
inform that government that the government of the United States 
will not permit, without interposition on its part, the spoliation l)y 
Peru of the property of American citizens invested in that country 
by the invitation of its own authorities and in the just and fair 
development of the trade between Peru and the United States. The 
case of Mr. Dubois, you will remember, does not stand by itself. 
American citizens, occujn'ing the position which he occupies, and sub- 
jected, if this particular spoliation is consunnnated without redress, 
to the same risks, own in Peru, it is stated, large and valuable sugar 
estates fully equij)ped with all necessary buildings and machinery, 
large mining properties and warehouses stored with American and 
European articles of commerce, together with the great railroad 
interest above noted. These investnients have been made mider 
concessions from the government of Peru which no subsecpient revo- 
lutions in that state can invalidate, and which can only be cancelled 
i)V judicial action sustainable on the princii)les of international law 
applicable to such cases. Not only, however, has there been no such 
judicial action but such action can not, I am advised, be obtained, 
there being no tribunal in Peru invested with the functions of deter- 
mining as to the validity of legislative acts. And even were there 
such a tribunal, its decrees, validating in defiance of international law 
stich confiscations, could not bind the citizens of foreign states thereby 
despoiled. The function of vindicating the rights so impaired 
iM'longs in such cases to the sovereign of the parties despoiled. It 
iM'comcs, therefore, the function of the government of the United 
States, acting on the basis of the facts stated, to intervene to protect 
under such circumstances the persons and j)roperty of its citizens in 
Peru. It will iu' your duty to protest in the most serious terms 
against the enforcement of the edicts of spoliation of which the 
memoralists complain. 

"This is not, it will be understood, the assertion of any new prin- 
ciple in international law. The seizure or spoliation of property at 



§ ^12.] PROTECTION OF CTTTZENS. 255 

the mere will of the sovereign and without due legal [)r()c'ess, has 
always been repirded as in itself a denial of justice and as affording 
the basis for international interposition. 

" I can not believe that the enlightened government of Peru, in 
time of peace, when the development of Peru itself so greatly depends 
on its maintaining good faith with citizens of the United States 
whom it invited to pour their wealth and industry on its shores, will 
disregard the protest now made, in view of the consequences with 
which such disregard may l)e attended. For it is the determination 
of the government of the United States to protect to the utmost the 
persons and ])ro})erty of citizens of the United States abroad, so far 
as such protection is in accordance with the principles of inter- 
national law, and in accordance with such principles, if such pro- 
tection fails, to obtain redress for the spoliation thereby inflicted. 

"• In explanation of the position that the present government of 
Peru is bound by the concessions to and contracts of its prede- 
cessors Avith the memorialists, I conclude by calling your attention to 
my Xo. 97, of September 23, 1886, where the hiw in this relation is 
fully laid down. 

'' You are instructed to read this communication to the minister 
of foreign affairs and to leave a copy with him should he desire it." 

Mr. Bayard, See. of State, to Mr. Buck, min. to Peru, No. 179, Jan. 19, 
1888. MS. Inst. Peru. XVII. IMS. 

The legation at Lima subsequently transmitted (No. 38.5, of Janu- 
ary 4. 1888, and No. .339, of January 14, 1888) to the Department of 
State copies of certain notes from the Peruvian minister of foreign 
relations, explaining and seeking to justify the action of his govern- 
ment in refusing to heed the protest addressed to it by the United 
States. The facts appeared to be very complicated, and some of the 
statements made by the Peruvian government wovo in conflict witli 
statements made in the memorials submitted to the Department. 
Among the positions taken, however, by the Peruvian government 
one was that a concession of Jamiai-y 12, 1877, made to Mr. Meiggs, 
and afterwards transferred to Mr. Thorndike. for the operation of 
the Mollendo-Arequii)a lines was gratuitous. The Dejiartment of 
State declared that it could not admit this contcMition. or the con- 
tention that, if the concession "were originally gratuitous and for 
an indefinite time, the Peruvian government could, in view of the 
large investment of money made by Mr. Thorndike and his prede- 
cessors, arbitrarily n^voke the concession." The Department of 
State also declared : "This govermnent, finally, can not admit the 
right of that of Peru to i)rejudge l)y legisl?itive action or arl)itrary 
executive decree any case like tt^e present, in wlikh Peru is hei-self an 
interested party. ... I 3[*ave therefore to rene^v "0' iu-sU-uctions. 



256 INTERVENTTON. [§ 912. 

to you of the IDth ultimo, and to direct you 'to protest, in the most 
serious terms. a<j:ainst tlie enforcement of the edict of spoliation of 
which the memorialists complain.' It is, I repeat, the determination 
of the gfovernment of the United States to protect to the utmost the 
persons and property of its citizens abroad, so far as such protection 
is in accordance with the principles of international law; and in 
accordance with such principles, if such protection fails, to obtain 
redress for the spoliation thereby inflicted.*' 

Mr. Bayiird. Sec. of State, to Mr. Buck. min. to Tern, No. 188, Feb. 15, 

1S.S8, MS. Inst. Peru. XVII. 323. 
See, also. Mr. Hayard. Sec. of State, to Mr. Ruck, min. to Peru, No. UOl, 

April 30, 1888. MS. Inst. Peru, XVII. 33.j. 

" I write now to inform you of the decision of the President to 
assent to the j^roposition of the Peruvian government, as made by 
their newly arrived minister. Mr. Zegarra, to transfer to this capital 
the discussion of the questions pending connected with the property 
rights of American citizens resident in Peru in certain railways in 
that country. . . . Authority to interfere by force of arms to 
resist the execution of the laws of Periv within the jurisdiction of 
that country, could oidy be issued under the authority of Congress, 
and that any interpretation of instructions to you from this Depart- 
ment inconsistent with this view was incorrect and without warrant. 
The j)resence of naval vessels of the Ignited States in Peruvian waters 
was and is considered advisable as precautionary, but authority to 
employ them in f<)rcil)le operations against the government and peo- 
ple of Peru, except in cases of exigent self-defence, and })r()tection of 
the jH'rsons of their citizens, must be found in the enactments of the 
Congress of the United States."' 

Mr. Hayard. Sec of State, to .Mr. Puck, uiin. to Peru, No. 213, July J), 
1888, .MS. Inst. Peru. XVII. .",45. 

" I have the honor to acknowledge the receipt of your note of the 
21>th of January last, in which you propose the addition of certain 
articles to the treaty of peace, friendship, navigation and commerce 
between the United States and P^cuador of .June Ui, 18;V.). You state 
that the proposed articles are the same as certain stipulations which 
were embodied in the treaty l)etween Ecuador and Spain of May 2(», 
188S. and will re(|uire only the substitution of the names of other 
contracting |)arties — namely, the United States and P^cuador — to ren- 
der them proper for signature and ratification. 

" The jiroposed articles are five in number. Some of their provi- 
sions. su(rh as that in article 1, which adopts arbitration as a mode 
of adjusting controversies, are favorably regarded by this Ciovern- 
ment. Other provisions, however, are thought to be open to grave 



§ 012.] PROTECTION OF CITIZENS. 257 

objection. The scope of article 2 is not precisely understood. It 
provides that in case a Spaniard in Ecuador, or an Ecuadorian in 
Spain, shall take part in internal questions, or in the civil contests of 
either of the two states, he shall be treated, tried, and, if there is 
reason therefor, condemned in the same maimer and by the same 
t'ourts as are native citizens under like circumstances, and shall not 
l)e able to appeal to diplomatic intervention for the conversion of a 
personal matter into an international (piestion. exce])t in case of 
denial of justice, manifest violation of law in the proceedings, or of 
notorious injustice, that is to say, whenever there is uuinifest viola- 
tion of the laws of the country in which the crime, the oU'ense, or (he 
misdemeanor was connnitted. This article seems to be designed to 
place a restriction upon the right of diplomatic intervention, and on 
this ground involves questions of a most delicate and im})ortant 
character. 

" Diplomatic intervention is in its nature an international proceed- 
ing. It is an appeal by nation to nation for the performance of the 
obligations of the one to the other, growing out of nuitual rights and 
duties. It seems to result from the character of the act that each 
indej)endent state must be the judge of the (juestion Avliether it will 
make such an appeal. AMiether, if the appeal be nuide, its justice can 
I)e established, is another matter, and must be determined according 
to the facts subsequently developed. It is true that the article in 
question does not say that the government shall not make the api)eal, 
but that the citizen shall not be i)ermitted to make it. This is 
understood to mean that he shall not be permitted to ask his (iov- 
ernment to intervene, excejjt under the circumstances stated. If 
this be the puri)()rt of the article, the effect is to restrict the right of 
ai)peal of the government by disabling its citizens from applying 
to it and furnishing it with the gi'ounds of acti(m. This is even more 
objectionable than the attempt to place a direct restriction upon the 
government. But article 3 goes still further in the direction of 
limiting diplomatic intervention. It i)rovi(les that the contracting 
parties shall not be held responsible to each other for injuries, vexa- 
tions, or exactions suffered by the citizens of one of the two nations in 
the territory of the other at the hands of insurgents in time of in- 
surrection or civil war, or at the hands of savage tribes over which 
the government does not exercise control, unless there shall have been 
a lack of vigilance, or unless there shall have been culpability on the 
part of the authorities of the country, or their agents 'according to 
a declaration of the courts of the same.' 

"The effect of this |)rovisi()ii is (o make each government the judge 
of its own alleged culpability. Of (he injuries suffered by reason of 
the acts or omissions of the authorities of the country, the only 
H. Doc. 551 — vol 6 17 



2r)8 INTERVENTION. [§ ^12. 

standard of ostiination afforded is tho judgment of its own tribunals. 
Tlie j)ossihl(' results of such a stipulation may bo illustrated by re- 
ferrin<x to a law adoj)ted by the Px'uadorian C\)n^ress in 1888. By 
the first article of that law it is declared that 'the nation is not 
responsible for losses and daniajjes caused by the enemy, either in a 
civil or international war, or by mobs, riots, or nnitinies; or for those 
which may be caused by the <;overnment in its military operations, 
or in the measures it may adopt for the restoration of public order. 
Neither natives nor foreigners shall have any right of indemnity in 
such cases.' The <rovernment of the United States, in conmion with 
other forei<jn governments, has protested against these and other 
provisions of the statute in (juestion as being in contravention of the 
principles of international law, but it has not as yet been informed 
that the tribunals oi Ecuador would not hold themselves bound to 
apply, as an obligatory domestic enactment, this unusual decree, in 
any matter of national liability which they might l>e called upon to 
decide. But if, as I am comj)elled to hold, the hnv is internationally 
invalid, the judgments of the courts of Pjcuador cannot give it inter- 
national force. This example I cite for the purj)()se of illustration. 

•• The general jjrinciple which I maintain is that the judgments of 
the courts of a country can not V)e accepted as finally determining its 
international duties and lial)ilities. Once admit that they are to be 
so accepted, each nation is left to fix the standard of its conduct and 
the measure of its obligations. 

•' Without proceeding to the consideration of the remaining arti- 
cles I regret to find myself ])recluded by the objections above stated 
from entertaining the proj)osition, as now j^resented, for the conclu 
sion of a convention supplementary to the treaty of June Ki, 1880." 

Mr. Hlaino. Sec. of 8tat»>, to .Mr. Caainaiio. March 1!), 1890, .MS. Notes to 

Ecuador, I. VM). 
See supra, § 1, I. 0. 

With reference to a telegram from the American minister at Cara- 
cas indicating a probable attack by ])illagers on the property of the 
Xew York & Bermudez Company, an .Vmerican corporation, at 
BeruMidez I.<ake, an asphalt deposit, in Venezuela, the DeiJartment 
of State expressed the opinion that the minister's request for the 
assistance of a naval vessel should be granted, and that the gunboat 
shoidd also j)r()tect all existing rights and maintain the .status quo 
pending an investigation and decision as to an attempt which was 
alleged then to be in contemplation to deprive the company of its 
property by executive action. 

Mr. Hay. S«'<-. of Stiite. to Sec of .Navy, Dec. 28, tIMKi, 'J.->0 MS. Dom. Let. 
8. eiiclosiuf: a telegram from the American minister at Caracas of 
Dec. 2«5. 1900. 



§ 913.] DENIAL OF JUSTICE. 259 

2. DkNIAI, ok JlHTlCE. ..,..,..., , .. 

§ oia. 

"A foreigiKT, bet'oro he applies for extraonlinarv interposition, 
should use his best endeavors to obtain the justice he claims from the 
ordinary tribunals of the country.'' 

Mr. .JofTorsoii, Sec. of State, to tlu' liritish luinistei-, April 18, 1793, 5 
MS. Doiu. Let. S<S. 

A nation ought not to interfere in the causes of its citizens brought 
before foreign tribunals, except in a case of refusal of justice or of 
palpal)le injustice. 

Hradford. At. (Uhi., 17!)4, 1 ()]>. r,:>,. 

When a suitor jipplies to a foroijrii trii)uiiiil for justice, lie must submit 
to the rule by which that tribunal is governed. (Ibid.) 

'' Since your letter of the lOth of February last was received, all 
the ])apers which had been j)reviously transmitted by you to the 
Department have been carefully examined and con.sidered. Although 
your case is one which is calculated to excite a deep sympathy, and 
although the individuals by whom your person and i)ropqijty were so 
cruelly assailed deserved the severest punishment, yet;, no circum- 
stances are perceived in your narrative of the outrage which would 
render it a proper subject of complaint by the government of the 
United States to that of Spain. It does not appear that the injury 
which you sutfered was instigated, or sanctioned, by the public 
authoi'ities of Cuba, and it is therefore to be considered as an olfence 
committed by private individuals in opjiosition to the laws of the 
islaiul, which, it is taken for granted, afford adequate redress for 
such gross violations of the order and peace of society. It was from 
those laws then, through the pro])er tribunals, that reparation should 
have been sought for the injury inflicted u|)on your person and 
|)roi)erty, and it was only after a i)ai'ticipation by those tribunals 
in tiu' wrong connnitted by a ])ali)able denial of justice, that the 
government of the United States could have been ])roperly called 
ujion to interpose its influence. Although a government is bound 
to pi'otect its citizens, and see that their injuries are redressed, where 
justic(> is j)lainly refuse<l them by a foreign nation, yet this obligation 
always ])resupp()ses a resort, in the first instance, to the ordinary 
means of defence, or repai'ation. which are afforded by the laws of 
the country in which their rights are infringed, to which laws they 
lia\e voluntarily subjected themselves, by entering within the sphere 
of their operation, and by which they must consent to abide. It 
would l)e an mn-easonable and oppressive burden uj)on the intei'- 
course between nations, that they should be compelled to investigate 



2<>0 INTERVENTION. [§ 913. 

ami tloti'iinine, in the first instance, everj' ])ers()nal otfence, committed 
by tlie citizens of the one ajj^ainst those of the other. An attempt is 
made to implicate the captain-gt'neral of the island in the case which 
yon have presented, hnt there is no satisfactory proof that he had any 
knowled;;e of what ^as ^»)in^ on in time to prevent the injury that 
was done. On the contrary, it is stated by Mr. Ilorvillis, one of the 
(•()nsi<rnees of the vessel you commanded, who applied to the captain- 
ireneral for assistance, that he had scarcely presented his statement 
of the <i:rounds which led him to apprehend a serious disturbance, 
when a messen<;er arrived w ith information of the tunudt which was 
feared having already taken j)lace, and that, upon i)roceeding imme- 
diately to the wharf with one of the aids of the captain-g^eneral, he 
found that the mob was dispersed, and that you had been removed to 
the hospital. The vicinity of the residence of the captain-general, 
which appears to be the circumstance principally relied upon to prove 
that he was not i<rnorant of the violence that was about to be com- 
mitted, is not sufficient to sustain that conclusion. Even if the assem- 
blage of disorderly persons upon the wharf were within his view, 
although it might have given rise very naturally to an apprehension 
that some breach of the peace would be committed, it is not to be 
l)resume(l that he knew, or even suspected, that an attack was about 
to be made upon you or your vessel, without which, however negli- 
gent he might have Ix'en as a guardian of the peace of the city, he 
could not be considered as affording his countenance to an assault 
which you i-egard as a national insult. 

" Your subsequent detention by the authorities of the island is 
easily explained by the circumstance of two men having Iwen shot in 
the artray, one of them by your own hand. In our own coiuitrv such 
an ocuri'ence would have i)roduced a similar tletention, until the affair 
could have Ix'en judicially investigated. The injury which Mr. Mor- 
ris may have suffered by the refusal to permit his vessel to leave the 
port, for some days after the disturbance, and from the necessity 
imposed uj)on his agents of shij^ping new officers and crew is not 
taken into consideration, on the j)resent (wcasion, as no complaint has 
JM'en made by him to the Department on the subject. The ojjinions 
which have been expressed relate only to your own case, and it is 
hoped that the full exjilanation which has l>een given of the views of 
the l)ej>artment will satisfy you that, under existing circumstances, 
it would not be expendient or proper for the government to interfere. 
The report of the Secretary of State, made to the Senate in the year 
is-j:i, ui)on the reference to which you allude in your letter of Jan. 4, 
ls:',l, was adverse to your claim, and three several decisions have I)een 
pronounced by Congress on the subject, all of which were inifavorable. 
It might have Ikhmi sufficient for the I)e])artment. in reply to your 
recent letter, barely to refer you to those proceedings, but with a view 



§ 913.] DENIAL OF JUSTICE. 261 

of affording you all the satisfaction possible, a careful examina^^ion of 
your case has been made, and the grounds upon which the former 
determinati(ms are approved, have l)een particularly stated to you in 
the present communication." 

Mr. McLane, Sec. of State, to Mr. Shain, May 28, 18.'?4, 20 MS. Doni. Let, 
263. 

" It appears that your claim was adjudicated by a court of unques- 
tioned authority; that the usual forms of proceeding were observed; 
that in consequence of your dissatisfaction wnth the decision, repeated 
and earnest application was made by Mr. Brent in your behalf to the 
government of Portugal; that the petition which he submitted in 
your name was received with all the respect and attention which were 
to be expected from the friendly relations subsisting between the two 
countries; that the judgment of which you complained was referred 
to the high court of the Dezintargo de Paco, and was by that tribunal 
pronounced to be just; and finally that this decision was approved 
and solemnly confirmed by the King himself. In addition to all this, 
it appears that you had a right of appeal in the regular course of legal 
proceedings from the sentence complained of, and that this right still 
exists, unless it has been lost through your own neglect. Tinder these 
circumstances, jealous as this government is known to be of the rights 
and interests of its citizens, there is no view which it has taken of 
your case that would seem to justify its further interference in the 
matter." 

Mr. Forsyth, See. of State, to Mr. Welsh, March 14, 1S,^5, 27 MS. Dora. 

Let. 2()L 
See Mr. Forsyth, See. of State, to Mr. Miller, Aus. 28, IS^H, 80 MS. Dora. 

Let. 11. 

March 12, 1841, Mr. Fox, British minister at Washington, de- 
manded of the United States "formally, in the name of the British 
government, the immediate release " of Alexander McLeod, a Brit- 
ish subject who had been arrested in the State of Xew York and 
indicted in a local ti'ibunal for the crime of murder, alleged to have 
l:)een committed at the cutting out of the steamer Cdrol'ine in the port 
of Schlosser, in that State. McLeod's release was demanded on the 
ground that the transaction on account of which he was arrested was 
an act of public force by the British authorities, in respect of which 
no individual concerned in it could, according to the just ])rincii)les 
of the law of nations, be held personally answerable in the ordinary 
courts of law as for a private offense. Owing to the fact that the 
case was pending in a State court, it was beyond the power of (he 
IVesident of the United States directly to interfere in it. The .\ttor- 
nev-General was, howeA'er. directed to attend the trial and (o com- 



t.>()2 INTERVENTION. [§ 913. 

iiuiiiicate to the State court authentic evidence of the demand of the 
British ufoverninent. In a letter to the Attorney-deneral, in which 
tliese instructions \vere given, Mr. Webster said: '* If tliis indictment 
were pending in one of the courts of the United States, I am directed, 
to say that the I*resident, upon the receipt of Mr. Fox's last communi- 
cation, would have immediately directed a nolle prosequi to be 
entered." 

Webster's Works. VI. 2(>5. 

. yt .......:■ ■ ■ ■ 

The Reverend Jonas King, a citizen of the United States, com- 
plained of the action of the (ire<'k government, on account (1) of 
the approjjriation of his land to i)ul)lic pur|)oses. and (2) his trial 
and sentence of banishment for alleged offenses against the estab- 
lished religion of the state. It was alleged that the trial of Dr. King, 
of which his sentence was the result, was unfairly and illegally con- 
ducted. On the ground that, while missionaries were entitled to all 
the protection which the law of nations allowed the government to 
extend to American citizens in foreign countries, yet it would be a 
soui-ce of endless embarrassment to attempt to reverse the decisions 
of i'«'gidar trii)unals as to (pu'stions connected with doctrinal belief, 
Mr. Everett, as Secretary of State, decided that it would be in<'xpe(li- 
ent to i'e(juire any j)ecuniarv indemnity for Mr. King on account of 
his trial. But, with reference to his sentence of banishment and the 
taking of his property, Mr. Everett said : 

'' There is a single point only in which, at first view. Dr. King's 
claim upon his own govermnent to interfere in his behalf may seem 
premature, and that is his' omission to seek redress by bringing an 
action against the (ireek government, as authorized by the code of 
civil procedure. I'he rule of j)ul)lic law is scuttled, that a private citi- 
zen in a foreign country is not entitled to the f()rcii)le interference 
of his govei-nment to j)r(>cure him i-edress of wi-ongs till justice has 
been denied him by the local tribunals. This consideration would 
perhaps j)revent the l*resident, at this time, from interfering, had 
not the conduct of the coui'ts of (Jreece, in the trial of Dr. King, suf- 
liciently shown that he could not «'Xpect justice at their hands. The 
nd<' of |)ublic law to which I have referred takes for granted that 
the tril»uiials are entitled to confidence, and the President can place 
no con(ideiic»' in those of (Jreece in any case where Dr. King is con- 
cerned. Besides, the govermnent of ( Jreece has nevei" placed its 
refu>al to indenmify Dr. King on the ground that his claim had not 
been duly adjudicated by the tribunals, but has ])ositively disclaimed 
all i"es|)on<ibility. and attemptecl to turn him over to the mmiici|)ality 
of the city of Athens, by which, in turn, he is thrown back u|)on the 
general govei-muenl. Such ])eing the state of things, the President 
feels it his duty t(j interfere to })rocure redress to Dr. King. 



§ 913,] DENIAL OF JUSTICE. 263 

" You will therefore, if stjll in Austria, immediately on the receipt 
of this letter, repair to Spezzia, which is the rendezvous of the United 
States squadron in the Mediterranean. Commodore Stringham will 
be instructed to convey you to Athens, where you will forthwith put 
yourself in connnunication with the proper department of the Greek 
government. You will state, in general terms, the opinion enter- 
tained by the President of Dr. King's trial and condemnation as 
above intimated, and his expectation that a formal remission of the 
sentence of banishment should be granted by the proper depart- 
ment ; and you will state in a general way the reasons why the 
President forbears in any other respect to make a national question 
of the treatment of Dr. King on this occasion. You will then 
represent the affair of Dr. King's land in the light in which it is 
placed in your report. 

" State strongly and briefly the results of your inquiry, taking care, 
as far as possible, not to be drawn into a lengthened discussion for 
the purposes of delay. Avoid the tone or language of menace, but let 
the goverinnent of Greece perceive that the T^resident is quite in 
earnest. In the meantime, you will be pleased, in any way you may 
deem expedient on the spot, by taking the opinion of intelligent 
and impartial foreigners, by recent sales of land in the vicinity, by 
a private arbitration of disinterested persons, or by any other 
sources of information, to ascertain what amount of loss Dr. King 
b.as really suffered ; by which is meant not speculative and conse- 
quential losses, but such as Avould probably be adjudged by candid 
and practical men. 

" Having in this way ascertained, as far as practicable, Avhat sum 
of money would be a reasonable compensation to Dr. King, propose at 
once to the Greek government to allow it, and urge upon it the 
exi)ediencv of at once putting an end to this long delayed and vex- 
atious affair. If the Gi'eek government is discreet, they will im- 
mediately close with this offer, and you will use all your address to 
induce them to do so. Tf they decline, you will then make them this 
proposition, viz : to refer the av1io1(» (|uestion to the arbitration of a 
friendly power. . . . 

" Should this proposal also be refused, in other words, should the 
government of (Jreece persist in denying justice in any foi'iii to Dr. 
King, you will innnediately report the facts to this department 
and return to your ])ost. Tt will be for the government of the 
United States to adopt such a course as may be deemed expedient 
under the circumstances of the case. Considering the great dis- 
j)arity of the ))arties. you will, in all your conferences with the Greek 
minister, avoid the language of menace, and be especially careful to 
leave vour government entirelv uncommitted as to ulterior measures." 



2t)4 INTERVKNTTON. [§ 013. 

Mr. Everett. Sec. of State, to Mr. Mnrsli, niiii. to Turkey, No. 24. Feb. 
.I, 18r»:i, S. Ex. Doc. 9, X\ Cong. 2 sess. r>, 8, 0. See, as to the case of 
Dr. Kill?:, liainl's Mmlern (ireece, ;i5r>-y<)7. 

Mr. Marsh repaired to Athens and i)resente<l the demands which he was 
tlirccted to nialie. The (Jreeiv government evaded the one with 
reference to the sentence of banishment, on tlie allegation that Mr. 
Marsh had demjinde<l that the government " rev»)ke " the sentence of 
a judicial tribunal. It ai)i>ears, however, that the Greek government 
permitted the sentence of banishment against Mr. King to remain 
unexecuf<Ml. ( S. Ex. Doc. !). .*W Cong. 2 sess. 180.) 

" The efforts of Mr. Marsh to have the sentence of banishment . . . 
rev(>ke<l were unavailing during his stay in CJreei-e, but it is presumed 
(hat his arginnents u|M»n the subject were ai>preciated, for Mr. King 
himself, with a letter to the Deitartmeiit of the .'{rd of March, 
1S."V4. connnunicatcs a coiiy of another decree of the government, 
revoking the sentence of banishment against him." (Mr. Marcy, 
Sec. of State, to -Mr. Roger A. Pryor, sjK'cial agent, .July IvS, 1.8;">, 
MS. Inst. Turkey, I. XHS.) 

It appejirs that the f J reek government offered to pay an Indemnity for 
the land, but there was a discussion as to the amount that should l)e 
paid. (S. Ex. Doc. 0, Xi Cong. 2 sess. 1(MV-172.) 

In .Inly, isr>.">. the Hon. Roger A. I'ryor was sent, as a special agent of 
the T'nited States, to (Irtn^ce. in order ti) efiPect. if possible, a settle- 
ment of the ([uestion of indemnity. (Mr. Marcy. Sec. of State, to 
Mr. Pryor. .July 18. isr>r>, MS. Inst. Turkey, I. .ms.) 

In this mission Mr. Pryor was successful. He settled the claim, to Dr. 
King's satisfaction, for .'P2."),()00. (.Mr. Pryor, s|)ecial agent, to Sec. 
of State. Oct. 1/20, IS."*."), MS.) The President in his annual message 
of IS.") said : "A question, also, which has been i)eiiding for several 
years betwe<Mi the T'nitc<l States and the Kingdom of (Jrt'ece, grow- 
ing out of the se<|uestration by i)ublic authorities of tluit c<tuntry of 
l)roi>erty belonging to the jtresent .\meric;in consid at .Athens, and 
which hiid Ikh'II the subject of very earnest discussion lien>tofore. 
has recently been settled to the satisfaction of the party interested 
and of both governments." (President Pierce, annual message, Dec. 
.•?1. 1S.^>.-..) 

Trrofrularities in tlio prosecution of a oitizon of tlio United Statoo 
in Chile, not anu)untin<r to a denial of jnstiee or an nndne discrimina- 
tion apiinst liini as an alien, will not be <rronnd for the interference 
of the ofovcrnnient of the Unit<*d Stat«'s. 

.Mr. Many. Sec. of State, to Mr. Starkweather, Aug. 24. ISo.'i, MS. Inst. 
Cbilc. XV. 124. 

" The Constitution of tlie United States limits and defines the pow- 
ers of the several i)ranches of the <rovernment, and it is not witliin the 
province of the executive to interfere by its action Avith castas peiuling 
in the courts. Sucli matters are within the cofj^nizance and under the 
control of the judiciiil bi-anch of the f;overnment, subject to the rules 
estal)lished by law for the administration of justice." 

.Mr. Fish, Se<-. of State, to Mr. Polo de P.ernat)e, Span, min.. May .31, 1873, 
MS. .Notes to Spain. IX. 178. 



§ 913.] DENTAL OF JUSTICE. 265 

When there is a deni.al of justice in Canada in a particular case of 
wrong inflicted in Canada on citizens of the United States, the case is 
one for diplomatic intervention. 

Mr. Fish. Sec. of State, to Sir E. Thornton. Sept. 4, 1873, MS. Notes to 
Gr. Rrit. XVI. 102. 

" It may, in general, be true that when foreigners take up their 
abode in a country they must expect to share the fortune of the other 
inhabitants, and can not expect a preference over them. While, how- 
ever, a government may construe according to its ])leasure its obliga- 
tion to protect its own citizens from injury, foreign governments have 
a right, and it is their duty, to judge whether their citizens have re- 
ceived the protection due to them pursuant to public hnv and treaties. 
It may be the abstract right of a government to exclude foreigners 
entirely from its territories. This right, however, has rarely been ex- 
ercised in modern times. Whenever it is waived, this step imparts to 
the government to whom, the foreigners may owe their allegiance the 
right of seeing that the duty of the other government toAvard them is 
fulfilled. An acknowledgment of this right is not, under the circum- 
stances, as Mr. Lafragua seems to suppose, tantamount to making 
unjust and invidious discriminations in favor of foreigners and 
against citizens. It can not be acknowledged, as Mr. Lafragua main- 
tains, that diplomatic interference in such cases necessarily anni- 
hilates or trenches upon the peculiar functions of the judiciary of a 
country. In cases of a denial of justice the right of intervention 
through the dij^lomatic channel is allowed, and justice may as much 
be denied when, as in this case, it would be absurd to attemi)t to seek 
it by judicial process, as if it were denied after having l)een so 
sought." 

Mr. Fish, Sec. of State, to Mr. Foster, Dec. IC, 1873, MS. Inst. Mex. 
XIX, -18. 

By a joint resolution of Congress, approved June IT), 1878, the 
President was requested to cause an investigation to be nunle of the 
case of Edward ()"M. Condon, imiDrisoned in Ireland, and, if deemed 
expedient, to take such action as might secure tlie ])risoner an oppor- 
tunity for exoneration or a speedy, fair, and impartial trial. A 
special agent was sent abroad to investigate the case, and j)ending 
this investigation the American minister in London was directed to 
take no further official action, but was authorized informally to sa}' 
to the. British secretary for foreign affairs that, if the result of the 
investigation should tend to exonerate the prisoner from the crime 
of which he had been convicted, or should develoj) facts in his favor 
not known or presented at his former trial, the exculpatory proof 
would be laid before Her Majesty's government, in the confident 



2^)0 INTERVENTION. [§ 913. 

hope that a new trial, with adequate means of defense, would be 
accorded as an act of justice and equity. The minister was subse- 
(juently instructed that, if the i n vest ijjat ion should satisfactorily 
show that there was no failure of justice in the conviction, and that 
there were no new facts to establish the prisoner's innocenc<>, he 
migfht use his good offices in a renewed appeal to clemency; and that 
it was "particularly advisable"' that nothing should be done which 
might give the British government "even colorable grounds for 
regarding" the investigation "as in any sense an interference in the 
domestic judicial administration of another state, the sole object 
l)eing to discover, if j)ossible, whether any presumption of innocence 
exists in favor of the prisoner, which, if he were a British subject, 
and the evidence in his behalf came through the usual channels of 
British law, might reasonably operate to secure him the relief con- 
templated."' 

Mr. Evarts, Sec. <»f State, to Mr. Welsh, luin. to England. No. 100, July 
1, 187S. For. Rel. 1878. 278; same to same. No. llC, .Tuly 24, 1878. 
id. 28(>. 

" That the state to which a foreigner belongs may intervene for 
his protection when he lias been denied ordinary justice in the for- 
eign country, and also in case of a plain riolaf/'o/i of the substance of 
natural justice, is a proposition universally recognized. 

" One of the highest authorities on international law, Valin, says: 

" ' To render legitimate the use of reprisals, it is not at all neces- 
sary that the ruler against whom this remedy is to be employed, nor 
his sul)jects, should have used violence, nor made a seizure, nor used 
any other irregular attempt upon the })ro})erty of the other nation or 
its subject; it i.s e/iot/f/Zi fluit Jte /i((s denied ji/.stice.' 

" If the government of a foreign country refuses to execute its own 
laws as interi)reted by its own courts, and to give eifect to the deci- 
sions of its own courts, in respect of a foreigner, it denies justice. 

"If the tribunals of a foreign state 'are mudj/e or unwilling to 
entertain and adjudicate upon the grievances of a foreigner, the 
ground for interference is fairly laid.' (Phill., Int. Law, pp. 4, 5.) 

" lu his recent work on the ' Law of Nations,' Sir Travers Twiss, 
who holds a distinguished ]M)sition as a writer on j)nblic law, saj's: 

" ' International justice may be denied in scleral ways: ( I) By the 
refusal of a nation either to entertain the complaint at all, or to allow 
the right to be estal)lishe(l before its tribunals; (2) or by studied 
delays and imj)edimentH. for which no good reason can be given, Jmd 
which are in etl'ect e(|Mivalent to a refusal: or (8) by an evijl^ently 
unjust and j)ai'tial decision,' (Law of Nations, by Sir Travers Twiss, 
part 1. p. o<'>. )" 

Mr. I'.ayanl. Sec. of State, to Mr. MeLane. luin. to France, No. 134, June 
23, 188(j, MS. Inst. France. X.XI. .'i-'MJ. 



§ 913.] DENIAL OF JUSTICE. 267 

While tho settlement of claims of citizens of the United States 
against the goverment of Peru by impartial international tribunals 
'' is deemed most expedient and desirable, this government could not 
entertain a proposition to submit such claims on the basis defined by 
the minister .for foreign affairs — that is to say, on the basis of the 
exclusion from such submission of all claims upon Avhich judgment 
may have been pronounced by Peruvian tribunals. Such judgments 
are not recognized by international hnv as internationally binding, 
and can not l)e so regarded by this government. This question has 
been discussed at length by the Department in several recent in- 
structions to you, and it is not deemed necessai'v now to do more than 
to reaffirm the position therein taken. 

" This government is also unable to admit the broad contention of 
the govermnent of IVru that the diplomatic intervention of a gov- 
ei'innent in behalf of its citizens is inadmissible Avhere the laws of the 
country against which the claim is made afford a remedy until that 
remedy has been attempted and the courts of the nation have re- 
tarded or refused justice. This proposition is acceptable only with 
the qualification that, at the time of the injury complained of, there 
were duly established courts to which resort was ojxmi and jiractically 
availal)le." 

Mr. Kiiyanl. Sec. of State, to Mr. Buck, niiii. to I»eni, No. 104, Nov. 1, 
1880. MS. Inst. Peru. XVII. 2.12. 

A law of Salvador, promulgated September 27, 18S(), contained 
Chapter IV.) the following provisions: 

Akticle .'^n. Only in the event of a denial, or of a voluntary retardation in 
the administration of justice, and after haviu}^ resorted in vain to all the 
ordinary means established by th(» laws of the Kepublic, may foreijrners apiieal 
to the diplomatic recoiu"s<>. 

Article 40. It is to be understood that there is a denial of justice only when 
the Judicial authority refuses to make a formal declaration ui)on the principal 
subject or upon any incident of the suit in which he may have coj^nizance or 
which is submitted to his coj^nizance : conseciuently the fact alone that the judge 
may have pronounced a decision or sentence, in whatever sense it may be, 
although it may he said that the decision is inicpiitous or given in express 
\ iolation of law, cannot be alleged as a denial of justice. 

AKxrci.E 41. Retaitlation in the adnnnistration of justice is not to be con- 
sidered voluntary when the judge alleges any legal motive of i)hysical impedi- 
ment therefor which he is unable to i)revent. 

With reference to these i)i-ovisions the United States took the fol- 
lowing position : 

'' I regret that the Department is unable to accept the princi]jle of 
any of these articles without important qualifications. . . . The 
denial to the foreigner of the right of appeal to his government neces- 
sarily implies the denial in the ])articidar case of his government's 
right to intervene; and as this denial \f>i based u])on the decisions of 



268 INTERVENTION. [§ 913. 

the tribunals of Salvador, the judgments of those tribunals are made 
internationally binding as to all questions of municipal or of inter- 
national law coming In^fore them. 

"• It may 1k' admitted as a general rule of international law that a 
denial of justice is the proper ground of diplomatic intervention. 
This, however, is merely the statement of a principle and leaves the 
question in each case whether there has been such denial to be deter- 
mined by the application of the rules of international law. 

'* By articles Hi), 40, and 41, as they are understood by this Dei)art- 
ment. the government of Salvador would avoid this question, es- 
pecially when the act complained of was connnitted by the authorities 
of the Republic in i)ursuance of its laws. This doctrine is novel to 
this government, which has maintained and acknowledged in its 
treaties and otherwise as a settled principle of international |)olicy, 
the rule that in cases of violation of international right by the author- 
ities of a state in pursuance of nnniicipal regulations, the final de- 
cision of the national tribunals sustaining the action of the author- 
ities i< a consunmiation of the wrong c()m})lained of and constitutes 
no bar to international discussion. 

" Should you find occasion to discuss with the Salvadorian minister 
for foreign affairs the subjects of this instruction, you will endeavor 
to imjjress upon him the views herein stated, in the interest of that 
complete understanding and friendly intercourse which should sub- 
!-ist belween the i-ej)ublics of this continent."' 

Mr. Haynrd. Sec. of State, to Mr. Hall, niin. to Cent. Am.. Nov. 29, 1886, 
For. Hoi. 1887, 78, 81 ; see, also, same to same, Feb. 10, 1887, Id. 
DtVKK). 

For the full text of the law. see For. Rel. 1887, 09. 

Tlip law hecaiiic the suhjoft of rei)r('SfMitations to the government of 
Salvador hy members of the diplomatic body in that country. 

In reply to representations which Mr. Hall, the minister of the United 
States, had. in ctmformity with his instructions, subraltteil. SeBor 
Delfiado. March 128, 1887. said: 

"Coming now to the matter in which, according to this law. foreigners 
may apiK'al to their gov(M'nments on accomit of a denial of justice, I 
must d«'clan' to you that, in the judgment of this department, the 
said law refers oidy to claims that have their origin in acts of the 
judicial authorities, jind not to claims that are founded upon an 
anterior act (»f the gubernative authorities. If in a civil or criminal 
suit a final sentence is i)ronounced, such decision carries with it, 
according to our laws, the validity of a thing judged; it must be 
comi)lie<l with and ex(H-uted against any ixM'son whomsoever, and 
the only recourse that remains to the party who considers himself 
aggrieved is to bring an action against the judge who may have 
maliciously i»ronounce<l an unjust sentence. 

" If the judicial resolution is not final, there remains always the ordinary 
recourses against it. For that reason the law referred to says that 
when a judicial njatter has been decided by a decree or sentence 



§ 913.J DENTAL OF JUSTICE. 269 

there can l>e no diploniatii- reclaiuation, although it may be alleged 
that the decision is iiii<iuitous or manifestly nnjust. This provision 
is in no way opjKjsfnl to the ])rinciples of international law. You 
know very well that the sovereignty of a state necessarily implies 
the riglit to make laws, to interpret them, and to a{)ply them as cases 
may occur. If any nation arrogates the right to revise the sentences 
pronounced hy the tribunals of another nation, and of deciding 
whether they are just or unjust, the latter would not be .sovereign 
in reality, inasmuch as in the exerci.se of one of its principal func- 
tions of sovereignty it would be dependent upon the former. 

" For this reason our law relating to foreigners declares that there is no 
denial of justice except when the tribunals voluntarily retard the 
dei'ision of matters submitted to their cognizance or refuse absolutely 
to decide uiK»n them. In case of the claim being based not ui>on the 
sentence itself, but upon an act anterior to it. I agree with you that 
a judicial decision can not debar the further prosecution of the claim ; 
but I believe that in the law relating to foreignei*s there is no 
provision that establishes the contrary. 

"Notwithstanding the foregoing, my govermuent will bring your esteemed 
note to the notice of the national assembly at its next meeting, so that 
that high body . . . may be pleasetl to resolve whatever may be 
expedient." (For. Kel. 1887, 114-11.").) 

In transmitting this connnunication to his govermnent Mr. Ilall said: 
" In the meantime I learn that the Government has taken no steps 
to carry out the law." (For. Rel. 1887, 111.) 

A law of Costa Rica. promiilg:ated Dec. 20. 188(5. in relation to citi- 
zenship and the status of foreigners, provided : 

They [foreigners] can appeal to diplomatic intervention only in case of a 
denial of justice, or of willful delay in its administration, after having in vain 
exhausted all the resources createtl by the laws, and in the manner determined 
by international law. 

Concerning this provision, the United States said : 
"As you are aware, a nninicipal law excluding foreigners from hav- 
ing recourse to their own sovereign to obtain for them redress for 
injuries inflicted hv the soverei<rii making the law has. in itself, no 
international effect. The Ignited States, for instance. wo!dd not he 
j)recluded from calling on Costa Rica for redress for injuries inflicted 
on a citizen of the United States l)y Costa Rica l>y the fact that the 
latter state had adopted a law to the eft'ect that no such claims are to 
l)e entertained. By the law of nations, the United States have a right 
to insist upon such claims whenever they hold that such redress 
should be given: and they would not regard a statute providing that 
such redress should not be given; and would not regard a statute 
providing that such claims were not to b»^ the sui)ject of di])lomatic 
action as in any way an ol>stacle to their taking such action. And I 
have further to say that the fact that a citizen of the United States 
was residing in the territory of a state passing such a statute at the 
time of an injury inflicted on him does not preclude him from 



270 INTERVENTION. [S ^13. 

aviiilin«r himsolf of the aid of the tjovornmont of the- Unitecl States 
ill ol)taiiiiii^ redress; for even were such residence regarded as a 
tacit acceptance of such a hiw (which it is not) such acceptance 
woiihl he inoperative, since no agreeinent l)y a citizen to surreiKk'r the 
ri<rht to call on his <roveriinient for protection is valid either in inter- 
national or iniinicipal law.*' 

Mr. Ha.vanl. Se<-. of State, to Mr. Hall, iiiin. to Cent. Aiu.. Fel). K!. t8S7, 
For. Hel. ISST. ".»!>. 

At the same time, Mr. Hall was instrucltMl tliat 1h' was not to express liis 
assent to any ameiKimeiit of or substitute for tlie legislation in (lues- 
tion. or to do any act from wliicli it uii^lit afterwards he arjiued that 
the I'nited States had become a jtarty to. and was bound by, the 
municipal laws of another country. (Id. 1(K).) 

In lSi)0 the «ro\ eminent of Ecuador pro|)ose(l to that of the I'liited 
States the incorporation into their treaty relations of a sti|)ulation 
predudinjj: "recourse to diplomatic remedies and claims Ix^fore 
exliaustin<r idl othei' means of redress. throu<;h tiie courts of justice, 
or propel- authoritites, includin<r ai)peals against judges and courts." 
The Fnited States rcplie<l that, if the i)rop()sal was not intended "to 
exclude the employment of good ofhces. or the making of i)roper rep- 
resentations, short of formal diplomatic claims, about cases still pend- 
ing and not deterniined.*" it seemed to co\'er "the generally accej)t»Ml 
l)rinci|)le that a denial of justice, which constitutes the true ground 
of formal diplomatic demands. (h)es not exist until the renu'dies 
ati'orded l)y the laws of the country have l)een tried and found want- 
ing:" hut that difficulty was felt in introducing into "our conven- 
tional relations with a single state stii)ulations which, although not 
novel in design, are yet so in form, and which might for that reason 
l)e o|)en to misconstruction.'' 

.Mr. HIainc. Sec of State, to Mr. Caamano. .May 1!>. l.S'.H), .MS. Notes to 
Ecuador. I. 140. 

Where the coni'ts of a country are o|)en for the redress of claims 
to property, diplomat ic intei'vention in such matters does not lie. 

.Mr. Foster. Sec of State, to .Mr. Mulcahy. Feb. L'l. 1S<>:;. l!tO .MS. Dom. 
Let. 4<m;. 

" A\'here com|)]et<' reciprocal international <'<juality is recognizecl. 
ii> it i> fidly recognized hetwt'en the I'nited States and M<'xico. a 
necessary conseciuence thereof is that each country must as a rule 
admit the competency and the disposition of the courts of the other 
country to do (•(Uiiplete justice to all litigants properly sul)ject to 
their juiisdict ion. i-egardless of nationality. 

"This presumj)tion in favor of the competency and the integrity 
of the courts is very strong and is not to Ix' lightly ignored upon the 



§913.] DENIAL OF JUSTICE. 271 

application of disappointed litigants, seeking; for diplomatic inter- 
vention. It is not meant to say that a palpable denial of justice to 
citizens of one country in the courts of the other, may not in extreme 
cases be made the subject of international demands. But the circum- 
stances which nuiy sanction diplomatic intervention as a matter of 
right in such cases, must be very cogent in order to overcome the 
presumption above referred to. This Department, moreover, enter- 
tains the opinion that something of an unusual character nuist have 
occurred to warrant even the use of the good offices or mere unofficial 
requests of our diplomatic representatives Avith foreign governments 
in behalf of American citizens, litigants in their courts. ' The bare 
fact of an adverse decision will not Avarrantxit, and in all cases judi- 
cial remedies must be exhausted by appeal on other Avise, before execu- 
tive interference is asked. The difficulties which wouM exist in; the 
way of any executive action in this country, for the correction of 
alleged delinquencies in the conduct of the judicial tribunals should 
always be borne in mind.'' :;• . 

Mr. (ireshaiu. Sec. of State, to Mr. Ryan, niiii. to Mexieo, AiypJI 26, 1898, 
r*IS. Inst. Mexico, XXIII. 359. ■ . . : , ., 

This instruction related to tfie coiuj^laint of: a citizen of the United, States 
that he had heen deprived of jqertain property hy a sentence of the 
Mexican courts, in conseqtience of their having refused to have cer- 
tain documents in the English language translated into Spanif^h. with 
the result that they were not understood '^tid AVere! libt considered in 
the rendition of the judgment. With reference to this allegation the 
Department of State said: " If this he the c^ise, itj^^p^ems to be proper 
that you. should use your good offices with the Mexican government 
to see that a j)roper investigation be made of this question, with a 
view of ascertaining whether injustice ntay 'hot have been done, 
... and of having it remedied, if it lia.s Men done. In using 
yoiu" good offi<'es in behalf of Mrs. (ireer with the Mexican govern- 
ment, you should be i>articular to state that you do so only in view 
of the peculiar circumstances of the case, consisting, according to her 
husband's statement, in her having been misled by the coiirt itself as 
to the necessity of filing translations of the Texas deeds : and in the 
further fact that she appears to have taken her case to the highest 
court without avail." (Ibid.) • 

With reference toa claim against the government of Peru for 
breach of contract, the Department of State said : '' That the govern- 
ment of Peru furnishes to foreigners through her own courts the 
means of establishing claims asserted against her; v . . is demon- 
strated by the fact that in one case you have actually recovered a 
judgment in a suit against that government. It has been the practice 
of this Department (based, it is believed, upon welt settled principles 
of international law) to decline to press diplomatically a claim 
against a foreign government when that government through its 
tribunals affords a means of redress. It will not do to say in advance 



27*J INTERVENTION. [§^13- 

that voii can not obtain justitt' in the IVnivian courts. Their methods 
of precedure may l)e ditlerent from ours; the hiw's dehiy may be 
more tedious; their whole system of jurisj)rudeiice jnay appear to us 
to be inadeijuate as comi)ared with our own system. Hut, so long as 
we reco<;nize IVru as an international ecjual, we nnist accord to lier 
the same rights which we ourselves would demand under similar 
circumstances." 

Mr. (Jresliaiii. Sec. of Stale, to Mr. llevner, June 10. l.SSK}, IJH' MS. Doiii. 

Let. l-'lKi. 
StH'. also. Mr. (Jre-sliaiu. Sec. of State, to Mr. Grace, Sept. 14, 1.SS):i, lO.'J 

MS. l>oiii. Let. 4L':'.. 

" I have to acknowh'dge the receij)t of your letter of the 22d instant, 
in wliich you ask, in behalf of a numln'r of friends and citizens of the 
I'nited States, who are interested in a grant of valuable j)ro|)erties 
made by the government of Honduras, what protection will be 
afforded them l)v this Department, if, after they have gone to that 
country and e.\i)ended large sums of money, a revolution or insurrec- 
tion should take place, resulting in the overthrow of the existing 
government, or in other words, as you recpiire, * will these American 
citizens i)e j)rot(>cted by the United States government in this grant 
which they have received from the government, there, in case there 
is a change of administration in that country? ' 

" The Department can only say in response to your inquiry that it 
has no reason to suppose that the interests of your clients in Honduras 
would be atfected by a change in the administration of the country; 
nor can it anticipate the perils to which they might be exjjosed in 
case of insurrection or revolution. It is therefore unable to give 
any specific assurances in relation to those matters. This Department 
will at all times endeavor to secure to our citizens in foreign lands 
the rights to which they may l)e entitled under international law 
and our treaties with other powers. The general ground of diplo- 
matic intervention, however, in JK'half of private ])ersons is a denial 
of justice, and the <|uestion whether there has Ik'cii, or is likely to be, 
such denial is one that can be determined only on the circumstances 
of each particular case as it may ari.se." 

Mr. Cresliain, Sec. of State, to Mr. Slieeliaii, Auy. li">, l.S5>4, 1J)8 .MS. Doiu. 

Let. 391. 
Sec, to the same effect. .Mr. (Jresliain. Sec. of State, to Mr. Crawford, 

Sept. 4. IS'.t.J. 1;K5 MS. Doiii. Let. :?1<). 

"This government can properly intervene where an American 
citizen has Ihmmi actually denied justice in the courts of a foreign 
comitry. The mere antici|)ation that an injustice may be done in 
judicial {)rocee(lings clearly does not afl'ord ground for intervention." 

Mr. Olney, See. of State, to Mr. Uaualin, July 16, 1896, 211 MS. Dom. Let. 
372. 



§ 914.] CRIMINAL PROCEEDINGS. 273 

3. Criminal rRocKEOiNGS. 

(1) JURISDICTION ANU PROCEDURE. 
§ 914. 

" In regard to the jurisdiction of the courts of independent nations 
over American citizens resident within their limits, it became neces- 
sary for me, on the 1st of February 1848 to address a note to Mr. 
Osma the minister from Peru, which also received the sanction 
of the President and Cabinet. From it I make the following extract. 
' Citizens of the United States whilst residing in Peru are subject to 
its laws and the treaties existing between the parties, and are amen- 
able to its courts of justice for any crimes or offences which they may 
commit. It is the province of the judiciary to construe and admin- 
ister the laws, and if this be done promptly and impartially towards 
American citizens and with a just regard to their rights they have 
no cause of complaint. In such cases they have no right to appeal 
for redress to the diplomatic representative of their country, nor 
ought he to regard their complaints. It is only where justice has 
been denied or unreasonably delayed by the courts of justice of for- 
eign countries — where these are used as instruments to oppress Amer- 
ican citizens or to deprive them of their just rights — that they are 
warranted in appealing to their government to interpose.' All these 
are ancient and well established principles of public law; and the 
quotations are made merely to show that they have received the 
formal sanction of this government." 

Mr. Buchanan, Sec. of State, to Mr. Ten Eyck, comr. to Ilawitii, Aug. 28, 

1848, MS. Inst. Hawaii, II. 1. 
See, to the same effect, Mr. Buchanan. See. of State, to Mr. Larrabee, 

March 9, 184r,, .'55 MS. Doni. Let. 420. 

" I duly received your letter of 7th Nov. last, enclosing copies of 
your entire correspondence with the authorities of Cuba, in relation 
to the imprisonment and incommunication of Wm. II. Rush, stated 
by you to be ' unchanged.' The course pursued by you and zeal mani- 
fested in behalf of this unfortunate individual are highly approved. 

" That the authorities of Cuba possess the right to arrest and bring 
to trial any individual charged with crime, committed within their 
jurisdiction, cannot be denied. Independently of the principles of 
public law by which it is sustained, it is distinctly recognized in the 
stipulations of our treaty with Spain of 1795. The 7th article pro- 
vides that 'in cases of seizure, or offences committed by any citizen 
or subject of the one party within tlie jurisdiction of the other, tlic 
same shall be made and prosecuted by order and authority of law 
H. Doc. 551— vol G 18 



274 INTERVENTION. [§ 914. 

only, and according to tlio regular coiirso of proceeding usual in 
such cases." So far, therefore, as the ' arrest ' and imprisonnient of 
Bush are concerned, if conducted according to usajrc in such cases, no 
just cause of complaint would seem to exist. Very ditl'erently, how- 
ever, is the case in regard to the ' incommunication.' The same (7th) 
article of the treaty, after a general provision securing to the citi- 
zens and subjects of both parties the right to employ such advocates, 
solicitors, agents, &c., as they may judge proper in their aifairs, 
expressly declares that 'such agents shall have free access, to be pres- 
ent at the proceedings in such causes, and at the taking of all crami- 
votioiis and eridcnce which may l)e exhibited in the said trials.' 
With these rights secured to American citizens within the juris- 
diction of Spain, the * inconnnunication ' of Bush appears to be 
directly in conflict and to constitute cause of serious complaint. The 
history of the treaty affords the evidence that they were deliberately 
inserted therein as safeguards to protect our citizens from op])ression 
abroad. In connnunicating the treaty to his government, Mr. Pinck- 
ney. the American negotiator, sj)ecially points to this article and sig- 
nificantly to the object it had in view. ' The first part," says he, ' is 
taken from the 10th of Prussia.' ' The latter T added, because I 
considered it a good stipulation in all situations, but particularly so 
in Spain." That it applies clearly to the case of Bush, I entertain 
no doubt; nor of the obligation of this government promptly to in- 
sist that no portion of the rights and privileges it confers be longer 
withheld from him. In this spirit, and to that end, you are author- 
ized to address yourself to the captain-general, in the expression of 
a full conviction, on the part' of your government that the ' incom- 
munication ' of Bush will be promptly so far modified as to extend 
to him all the protection, privilege, and favor secured to him by the 
existing treaty between the United States and Spain. Such other 
countenance and sui)port in his difficulties as may be ])roper, you will 
doubtless with pleasure afford him. 

" You will take care, so far as may be in your ])()wer, that he shall 
not be treated with injustice, harshness, or cruelty. I shall exj)ect to 
hear from you without delay, because shoiUd the captain-general 
insist upon withholding from American citizens the rights to which 
they are clearly entitled under the treaty, it will become necessary to 
make a strong appeal to tlie authorities at Madrid against this viola- 
tion of national faith." 

Mr. Buchanan. Sec. of State, to Mr. Campbell, consul at Havana, Dec. 11, 
1S4S, 10 MS. Dosp. to Consuls, 497. 

The refusal of a Chilean court, in 1852, on the trial for crime of 
an American citizen, to hear testimony on behalf of the defendant, 
would, if sustained by the Chilean government, be considered by the 



§ 014.] CRIMINAL PROCEEDINGS. 275 

United States as " a j^ross outrage to an American citizen, for which 
it will assuredly hold Chile responsible." 

Mr. Conrad. Acting Sw. of State, to Mr. Peyton, cliarge to Chile, Oct. 12, 
J8.-)2, :MS. Inst. Chiks XV. 9.3. 

'• The system of })r()ceeding in criminal ca.ses in the Austrian gov- 
ernment, has, undoubtedly, as is the case in most other absolute 
countries, many harsh features and is deficient in many safeguards 
which our laws provide for the security of the accused ; but it is not 
within the competence of one independent power to reform the juris- 
diction of others, nor has it the right to regard as an injury the appli- 
cation of the judicial system and established modes of proceedings 
in foreign countries to its citizens when fairly brought under their 
operation. All we can ask of Austria, and this we can demand as 
a right, is that, in her proceedings against American citizens prose- 
cuted for otfences connnitted within her jurisdiction, she should give 
them the full and fair benefit of her system, such as it is, and deal 
Avith them as she does with her own subjects or those of other foreign 
powers. She can not be asked to modif}^ her mode of proceedings 
to suit our views, or to extend to our citizens all the advantages which 
her subjects would have under our better and more humane system of 
criminal jurisprudence." 

Mr. Marey, Sec. of State, to Mr. .Tackson, charge at Vienna, April 0, 18o5, 
MS. Inst. Austria. I. lO.I. 

In the course of tliis instruction. Mr. Marcy said: "That feature in the 
criminal law of Austria which interdicts to the accused under arrest 
intercourse and free connnunication with his friends is certainly 
I'evolting to our notions of justice and humane treatment, hut it is 
not peculiai' to that government. Several other countries in Europe 
have the same provision in their system of criminal law. ... I 
am not attempting to justify the Austrian criminal code, . . . ; hut 
condenniahle as it may l)e, we have not the right to alter or suspend 
it, nor can we convert the fair api)li'"ation of it to one of our citizens 
when brought witliin its jurisdiction into an international offence." 

" It would l)e very desirable if instructions were given to military 
or other ofhcers making arrests for any cause of parties claiming to 
be citizens of the United States, requiring such officers to cause the 
nearest consular officer of the United States to be promptly notified 
of the arrest and of the claim of the party to American citizenship.'' 

Mr. Fish, Sec. of Stale, to Mr. Sickles, niin. to Spain, No. 07, Oct. 27, 1870, 
MS. Inst. Si»ain, XVI. 1.">7. 

" In his note of the Oth April to Mr. West, Lord Granville quotes 
with approval the following extract from a note of the 14th October. 
18(U, from Mr. Seward to Lord I.iyons: ' Li every case subjects of 
Her INIajesty residing in the United States and under their protec- 



276 INTERVENTION. [§^14. 

tioii aiP treated, duiin<r the present troubles, in the same manner 
arul witli no *rreatei" or lens ri<2:or than American citizens.' 

"And he de(hices from tliis the princijiK' that "no distinction can 
be made in favor of aliens,' or, as stated to yourself in a note of the 
28th June last, that Her Majesty's government would not admit 
' any claim to exemption on behalf of any person, whether alien or 
citizen, from the operation of the laws which equally affect all per- 
sons residing in the donuiin and under the protection of the Crown.' 

*' Mr, Seward's statement was rather an allegation of a fact than 
the enunciation of a principle. But if it can be taken to be the state- 
ment of a principle as broad as I»rd Granville now lays down, the 
President can not but look upon it as an extreme position taken in 
the heat of conflict, to which the government of neither Great 
Britain nor the United States can give adhesion in time of quiet 
and reflection. It is certain that Her Majesty's government did not 
accept it as a rule of action during tlie civil war, and as certain that 
Mr. Seward did not adhere to it, but permitted exceptional inquiries, 
as in Carroll's case and McHugh's case and the cases of the military 
connnission in Fort Lafayette, to be made throughout the war. 
Lord Ijvons was constantly and diligently asking the cause's of 
arrest and inij)risonment of British subjects, and Mr. Seward was as 
constantly answering his inquiries, notwithstanding the fact of the 
suspension of the habeas corpuH. 

" It is not the interest of either government to be drawn into an 
extreme position in this delicate matter. The President concedes 
that he has no right to expect to transfer into foreign countries the 
forms of law which under American institutions are so great a 
security to the citizen. He concedes to eveiy sovereign power the 
right to prescrilx^ its own code of crimes and its own mode of trying 
offenders, and if it shall choose to adopt a system which gives the 
citizen fewer guarantees against injustice than prevail in the United 
States he feels that lie can not complain if it is applied to citizens of 
the United States who are found where it prevails. 

"But if, when thus applied, it works actual injustice; if it takes 
possession of an American citizen, and deprives him of his liberty 
without any allegation of offense; if it leaves him incarcerated 
without hope of trial or chance of release, it then becomes the duty 
of ti»e President to iiupiire why this was done. Her Majesty's gov- 
ernment pursued that course during the civil war. They will see 
that a self-respecting government must do the same now. And the 
President can have no doubt that when you, under these instructions, 
courteously, l)ut firndy, ask to Ix? informed why McEnery is de- 
prived of his liberty, and why he is afforded no opportiniity of 
defense, Her Majesty's government, instead of referring you to the 



§ ^14.] CRIMINAL PROCEEDINGS. 277 

municipal law of Great Britain, which authorizes such treatment of 
British subjects, will at once ^ive you with frankness and fullness 
tlie information you ask for." 

Mr. Frelinshiiyscn. See. of State, to Mr. Lowell, mln. to England, April 
25, 1882, For. Kel. 1882, 2.S0-2;«. 

T-^ndue and needless delay in the trial of a citizen aliroad is a 
ground for international intervention. 

Mr. Frelinghuysen, Sec. of State, to Mr. Morgan, niin. to Mexico, Mar. 5, 
1884, MS. Inst. Mex. XXI. 2(i. 

"Appealing to princii)les acknowledged m common in England and 
in the United States, it is, in addition, maintained that in countries 
subject to the English common law, where there is the opportunity 
given of a prompt trial by a jury of the vicinage, damages inflicted 
on foreigners on the soil of such countries must be redressed through 
the instrumentality of courts of justice, and are not the subject of 
diplomatic intervention by the sovereign of the injured party. . . . 
There must have been many cases in which British subjects supposed 
that they had sutfered loss through the negligence or the malice of 
subordinate officers of the different States and Territories composing 
this Union, but no record can be found, at least on the files of this 
Department, of cases in which, when redress could be had by appeal 
to local courts of justice, an attempt has been made to substitute for 
such redress a demand upon the government of the United States 
for pecuniary compensation. The same may be said of the many 
cases in which citizens of the United States may have suffered, or 
claim to have suffered, injury in Great Britain from the conduct of 
British officials. Wiien such injury was inflicted u])on the high seas, 
or in foreign uncivilized lands, and especially if inflicted by the 
armed military or naval power directly emanating from the sov- 
ereign exeecutive, then it was propeidy regarded as the subject of 
diplomatic intervention; but a careful search in the records of this 
Dejiartment discloses no diplomatic appeal for pecuniary compensa- 
tion for injuries clainuMl to have been inflicted on American citizens 
when on the soil of (Jreat Britain. 

"As showing the strictness with Avhich this distinction is main- 
tained may be mentioned the case of Mr. Henry George, a citizen of 
the United States, distinguished as a man of letters, and as a lec- 
turer, who traveled in Ireland in 1882. Mr. George, as was after- 
wards fully shown and conceded, was in no way concerned in any 
seditious or other illegal proceedings against the peace of Great 
Britain, and there was no evidence produced, either at the time or 
since, which suggested the faintest prima facie case to justify arrest. 
He was, however, arrested at Loughrea on August 8, 1882, without 



278 INTERVENTION. [§914. 

warrant, by ^rovoniinental siihordinatos, his ba^o^age searched, his 
letters and pa|)ers ransacked, and his person treated with iiidijjnity. 
lie was disehar<red. on the <rr()und that tiicre was no case a<;ainst him, 
and proceeded on his journev. occn|)ied in part in visiting the antiqui- 
ties and other interestin*; features of tiie country. Two (hiys after- 
wards at Athenry. a few inih's distant from l^ouj^hrea, when about 
enterin*; on the train for (lalway he was a<rain arrested, his bag^gagc 
again searclied. his j)apers again inspected, whiU> he was kept until 
midnight a close prisonei- by the same magistrate who had exautined 
aiul discharged him at Loughrea. Tie was again discharged for the 
same reason that no case existed against him. although this should 
have been as fully known by the uuigistrate at the time of the second 
imprisonment as at the time of the first discharge. 

"The question of the amount of pecuniary compensation to which 
Mr. (leorge would have been entitled in a coui't of justice is not now- 
material. So far as concerns the princii)le. it makes no matter 
whether the injury inflicted on him touched his life, or merely his 
liberty and the sanctity of his j)roi)erty for a few hours. And, so far 
as concerns this principle, it is worthy of notice, in this relation, how 
clearly the <|uesti()n of liability is dcKned by Mr. Frelinghuysen in 
his instruction to Mr. Lowell of October H. 188*2: 

*• • While citizens of the United States traveling or resident abroad 
are sui)ject to the reasonable laws of the country in which they may 
be sojourning, it is, nevertheless, theii- right to be spared such indig- 
nity and mortification as the conduct of the oflicers at Loughrea and 
Athenry seems to have visited upon Mi*. (Jeorge. . . . As you 
have already addressed a' note to Lord (Jranville on this subject, a 
reply will ])robably soon be i-eceived by you. It is trusted that the 
tenor of that reply may prove satisfactory to this government, and 
alxo rrlicrr Mr. (i<'(>r<i<' from (iin/ rcprodch tJir arrcxts are cahalated 
anja.sf/i/ tit cast njxni Itiiii.^ 

'* It will be observed that there is here no claim whatever for j^ecu- 
niary compensation to Mi-. (Jeorge. That claim, it is tacitly assumed, 
is to be remitted to British courts of justice. The rec|uest is for 
exi>lanation to the government of the United Slates and exoneration 
of Mr. (ieorg<' fi-om 'repi-oach.' "\'et the arrest of Mr, (Jeorge, and 
that of other "suspects" luideT" the recent crimes act, was not, it must 
Ih» remembered, in the course of the English common law. There 
was apparently no responsible' prose<Mitor. there was no hearing in 
which witness<>s could be met face to face, and conse(|uently. under 
the cover of a legislative enactment for the time being. th(> sufferer 
was denied all o|)j)ortunity to establish the possible malice of the 
allegation which led to his arrest, or to identify the secret accuser 
who could therefore wijh imi)unity wound his sensibilities and sub- 
ject him to serious distress and suffering. Had there been a commit- 



§914.] CRIMINAL PROCEEDINGS. 279 

ment, it would not have been in view of a speedy jury trial'. Under 
these circumstances, the case would not have fallen under the rule 
announced above, that where a foreigner claiming to be injured has 
redress by an appeal to the coupts in the processes of the English 
common law, a diplomatic demand for indemnity will not be granted 
by the government of the country in which the injury is claimed to 
have been received, yet, even in the case of Mr. George and other 
citizens of the United States put recently without probable cause 
under summary arrest in Ireland, we hear of no demand made by the 
government of the United States for pecuniary compensation. 

" The reason why, in countries subject to the English common law, 
the question of compensation to foreigners for injuries received on the 
soil of such countries is exclusively committed to the courts of justice 
in the place of the injury, is to be found in two conditions: 

" The first is, that, as has been already noticed, the party injured 
has the advantage by that law, of a prompt trial by an impartial jury 
drawn from the vicinage, under the supervision of judges whose 
integrity, whether it be in England or in the United States, has, view- 
ing them as a body, never been impeached, and who are subject to 
established and impartial rules of law. The second condition is, that, 
by the English common law, foreigners, when appealing to courts of 
justice, have equal rights with subjects. It is not so in other systems 
of jurisprudence; and it is natural, therefore, that under such other 
systems of jurisprudence the appeal of a foreigner for compensation 
should lie, not to the courts which impose upon him unjust discrimi- 
nations, but through his own sovereign to the sovereign of the country 
in which the injury has been received. But in countries subject to the 
English common law, every facility which is given to a subject when 
approaching a court of justice is given to a foreigner making such 
approach." 

Mr. Bayard, See. of Stato. to Mr. West. British min.. .Tune 1. 1885. For. 
Rel. 188."), 4.j(), 4."):',-4.j4. 

" In our ilii)louiati<' correspontlenoe with Gx'eat Britain we have taken 
the ground that there should be no diplomatic intervention in cases 
(whether in tort or contract) in which there could he a resort to com- 
petent local courts." (Mr. Bayard, Sec. of State, to Mr. Phelps, min. 
to England, No. !K). Aug. 20, 188."). MS. Inst. Gr. Br. XXVII. 554.) 

"Under the laws of Great Britain, a remedy exists for those who have 
been subjected to unlawful arrest ; and citizens of the United States 
as well as subjects of Great Britain are entitled ... to avail 
themselves of that remedy in the regular ordinary courts of justice. 
The same rule exists and is enforced in the United States with refer- 
ence to the subjects of Great Britain. 

"The case in which this government assumes to interfere in behalf of 
one of our citizens, where redress may ordinarily be had in the 
courts of the country in which he claims to have been wronged, is that 
of a denial to him by those courts of the usual means of redress. For 



280 INTERVENTION. [§ 914. 

tlu» present, therefore. Mr. Davis, who has never resorted to the 
<t)urts of (Jreat Britain, must he remitted, so far as recovery of 
Itecuniary indemnifieation from the autliors of the trespass Is con- 
oernt^l. to tlie usual reme<lies to whidi i>ersons in his situation are 
l>y tlie laws of (ireat Britain entitled. 
** If, however, he does not see tit to press his claim for pecuniary dam- 
ages in the judicial trihunals of Great Britain against the parties 
who may have been guilty of trespassing uiK)n his rights, it may be 
projM'r to consider the question of asking that government for an 
explanation, and, if warranteii. an expression of regret." (Mr. Bay- 
ard. Sec. of State, to Mr. (lebhard, Sept, 9, 1885, 157 MS. Dom. Let 
88.) 

'* When application is made to this Department for redress. for the 
supposed injurious actions of a foreign judicial tribunal, such appli- 
cation can only be sustaincnl on one of two grounds. 

"(1) Undue discrimination against the petitioner as a citizen of 
the United States in breach of treaty obligations, or 

'"{'2) Violation of those rules for the maintenance of justice in 
judicial enquiries which are sanctioned by international law. 

" There is no proof presented in Capt. Caleb's case establishing 
either of these conditions. It is true that it is alleged that there was 
a failure of justice and, were this Department sitting as a court of 
error, it is not im[)robable that there are points in the proceedings 
complained of in the Mexican adjudication before us which might 
call for reversal. But this Department is not a tribunal for the 
revision of foreign courts of justice, and it has been uniformly held 
by us that mistakes of law, or even of facts, by such tribunals are not 
ground for our interposition unless they are in conflict, as above 
stated, either with treaty obligations to citizens of the Ignited States 
or settled princi[)les of international law in respect to the adminis- 
tration of justice. It appears from Consul Beach's report that the 
proceedings in the civil suit against (^»pt. Caleb were in correct form, 
but that in the criminal trial the depositions of witnesses who did 
not appear in c\)urt were accepted as evidence — thus denying to the 
defendant the opportunity to cross-e.xamine such witnesses. But 
even giant ing that such an eri-or in the j)i-oceedings in the criminal 
trial existed, Capt. Caleb can hardly be heard in an application for 
redress, since, apparently not without the cognizance of the authori- 
ties, he escaped from detention soon after .sentence was finally pro- 
nounced against him in the Supreme Court, and he himself e.xpressly 
acknowledges that during his detention he was treated with the ut- 
most consideration." 

Mr. Bayard. Sec. of State, to Mr. Morrow, M. C, Feb. 17, 1886, 159 MS. 

Dom. Ix't. IK>. 
See, to the s.im<' elT«Ht. Mr. Bayard. Sec. of State, to Mr. Caleb, Feb. 18, 

188«, 159 MS. Dom. Ix't. 109. 



§914.] CRIMINAL PROCEEDINGS. 281 

Mr. Bayard also stateil that upon the papei-s before the Department the 
charges made by the Mexican Government against tiie chiimant were 
well founded. 

See, as to this case. For. Rel. 1884, 344, 358, 363, 305, 371, 372. 

July 19, 1886, the American minister to Mexico was instructed "to 
demand of the Mexican government the instant release of A. K. Cut- 
ting, a citizen of the United States, now unlawfully imprisoned at 
Paso del Norte." 

Mr. Bayard, Sec. of State, to Mr. Jackson, uiin. to Mexico, tel., July 19, 

188G, For. Rel. 1880, 700. 
For the grounds on which this demand was based, see Mr. Bayard to 

Mr. Jackson. No. 221, July 20, 1886, For. Rel. 188G, 700, 701 ; S. Ex. 

Doc. 224. 49 Cong. 1 sess. 
Mr. Bayard's No. 221 is given supra, § 201, where other documents and a 

full history of the case may be found. 

With reference to the allegation that two persons had been kept in 
prison in Mexico for eleven months without information of the evi- 
dence against them, and that they had been approached since their 
imprisonment by Mexican officials with offers from which it was to be 
inferred that the object of the prosecution was to obtain possession 
of an estate of which one of the prisoners was executor, the Depart- 
ment of State said : 

" Under these circumstances, I instruct j'ou to call upon the Mexi- 
can government to direct that the prosecution against Messrs. Gaskill 
and Ward be brought at once to trial, and that the proceeding should 
be conducted in such a way as to give the accused in advance a state- 
ment of the witnesses to be produced against them and the oppor- 
tunity of cross-examining these witnesses face to face on trial, and of 
producing witnesses on their behalf in defense. It will be proper also 
to state that the trial will be watched by this government with 
interest and close attention, so that the Department will be informed 
if there is any action taken on such trial at variance with the rules 
of justice acknowledged in conunon by Mexico and ourselves." 

Mr. Bayard. Sec. of State, to Mr. Jackson, min. to Mexico. No. 220, July 
20, 1880, MS. Inst. Mexico, XXI. na.'.. 

While it is undoubtedly a general principle "that a denial of justice 
can not be asserted until judicial remedies . . . have been ex- 
hausted," it is " also true that injustice may be inflicted by delays in 
the administration of the law, as well as by wrong determinations. 
This proposition is as true as the first, and is not inconsistent with it." 
A delay of more than a year and a half consumed in a secret investi- 
gation "can not be regarded as reasonable for the trial of an ordinary 
criminal charge, and to impose such a delay in order to obtain evi- 



282 INTERVENTION. [§ 915. 

(loiu'c of ^iiilt is in ivalit}' to mako tlic pi'isoner's apparent innocence 
tlie ground of liis imprisonment.*' 

Mr. Rliiin«\ Sec. of State, to Mr. Kyaii. luiii. to Mexico, June 28, 1890, MS. 
Inst. .Mexico. XXII. .ISO. 

"Xothin<j short of conNincino- evidence" that an American citizen 
'"is the victim of intentional discrimination, ])artiality, or other ih- 
jnstice on the }iart of the court in wliich the prosecution is })ending, 
couhl justify diph)matic intervention in Ids behalf." 

Mr. (Iresliiini. Soc of State, to Mr. Morse, May tW, 1S!«, 1!)2 MS. Dom. 

Let. 184. 
As to tlie joint iiivcstijiation of tlie case of Dr. Kniz, an American ritizen, 

Icilled wliile in jail in Cuba, see Mr. Siienuan, Sec. of State, to Senor 

Dupuy (Ic I/)nic. Spanish niin.. No. 24<i. April 24, 18U7, MS. Notes to 

Spain. XI. 28."). 

"• Your chiim for (hima^es on account of your detention in Peru is 
not a pro])er subject of diph)matic intervention. Your detention 
there seems to have been in pursuance of a rej^uhir judicial .sentence 
after trial at which testimony was heard. Even admitting that the 
sentence was wholly wronof and that your detention was altoofether 
unjust, yet the judgment of the a[)j)ellate court reversed that sen- 
tence and removed all restraint on your liberty. The government of 
Peru its(df has therefore corrected the injustice of the lower court in 
the manner in which alone all governments, as a rule, correct injustice 
of their inferior tribunals." 

Mr. Gresliam, Sec. of State, to .Mr. Ilevner. .Tune lo, 18!t.",, 102 MS. Doni. 

Let. 2()C,. 
Of the same puri>ort is .Mr. riil, .Vet. Sec. of St:ite, to .Mr. (Jrip, niin. of 

Sweden and Norway. .\o. .'?. March 8. IS!);"). .MS. Notes to Swe<len and 

Norway, VII. ."»74. 

(2) KEQUKSTS FOK 1 NKOR.M .\TI()N. 

§ 915. 

'"If . . . Mr. Speer should be a duly natin*alized citizen of the 
Tainted States: if in returning to the Austrian dominions he should 
not have incurred any penalty oi- have violated any obligation orig- 
inating j)ri()r to his naturalization, this govermnent Avill ex[)ect 
to be informed of the nature of the charge, of the form of proceed- 
ings, and to be furnished with a copy of the testimony against him, 
if this was reduced to writing." 

Mr. Miircy. Sec. of State, to .Mr. .Ta( kson, charj;e at Vienna, Nov. <», 1854. 
.MS. Inst. Austria. I. lo:',. 

''Although it may be unusual for complaints in ordinary cases of 
alleged offences against the laws of one country by the citizens or 



§ 915,] CRIMINAL PROCEEDINGS^ 283 

subjects of another to be made international questions, if there is 
good ground for apprehension that there may have been a denial of 
justice through corruption on the part of the magistrates or a wilful 
and oppressive perversion of the ordinary forms, the government of 
the aggrieved party has, it is conceived, a clear right to demand and 
expect all such information on the subject as may serve to satisfy its 
reasonable doubts." 

Mr. Mnrcy. Sw. of Stato, to Sir. Jackson, chargo at Vienna, Nov. <], lSo4, 
MS. Inst. Austria, T. 1(«. 

Martin Spccr, alias Martin Speer.schneider, referred to above, was 
cliarjjced by the Austrian authorities with having returned to the 
dominions of that <'(aintry, as an agent of Hungarian refugees, in 
order to stir up revolt and aid them in their revolutionary projects. 
The charge d'affaires of the United States at Vienna strongly asserted 
Speer's iiniocence of the charge. The Depai-tment of State, however, 
on a review of the circumstances held that there appeared to be, 
even apart from the allegations of the Austrian government, "con- 
siderable ground for suspicion," and declined to demand the pris- 
oner's release. (Mr. Marcy, Sec. of State, to Mr. Jackson, charge 
at Vienna, April 0, 1855, MS. Inst. Austria. I. 105.) 

Speer was subsequently i)ardoned and released by the Austrian authori- 
ties, as an act of clemency, in response to a request to that effect 
made by the United States legation at Vienna. The Department of 
State subsequently declined to make in his behalf a claim for 
indemnity, holding that although he had been " treated with great 
severity," the disclosures threw "strong suspicions iipon his con- 
duct," and that the Austrian govermuent, after having released him 
as an act of clemency, would naturally expect that the claim of 
right was not to be revived. (Mr. Marcy, Sec. of State, to Mr. 
Jackson, charge at Vienna, April 8, 1856, MS. Inst. Austria, I. 117.) 

'* If any nation has good reason to believe that justice has been 
denied to one of its citizens by another, and that the forms of law have 
been used and ])erverte(l to inflict wrong and injury upon him. it may 
reasonably expect that exi)lanation when demanded Avill be given. 
The reluctance shown by Austria to give explanation in Speer's case 
when it was first asked, very naturally cast some suspicion upon the 
motives Avhich had led to his prosecution. She has, however, at 
length yielded to our demand, though not to the extent desired. On 
the ground of comity we might reasonably expect from her a more 
full account of the ])rocee(lings against Speer, but whether we could 
claim more as a right, and treat the refusal to grant it as an inter- 
national affront, is very questionable. There is, undoubtedly, a limit 
beyond Avhich such an enquiry could not be j)ushed and might be 
rightfully resisted. It can not be expected that any government 
would go so far as to yield to a i)retension of a foreign power to 
revise and review the proceedings of its courts, under the claim of an 
international right to correct errors therein, either in respect to the 



284 INTERVENTION. f§ 915. 

application of principles of law, or tiie appreciation of facts as evi- 
dence in cases Avhere the citizens of such foreign power have been 
convicted. It certainly could not be expected that such a claim would 
be allowed before the party making it had first presented a clear case 
prima facie of wilful denial of justice or a deliberate perversion of 
judicial forms for the purpose of oppression." 

Mr. Marcy, Sec. of State, to Mr. .Tackson, chargr jit Vienna, April <!. is.">."i. 
MS. In.st. Austria, I. lOH. 

Mr. Marcy in a previous instruction had stated that the I'nitetl States 
would " expect to be infornie<l of the nature of the charKe, of the 
form of proceedings, and to be furnished with a copy of tlie testimony 
against him [Speer], if this was reductnl to writing." (Mr. Marcy, 
Sec. of State, to Mr. Jackson, charge at Vienna, Nov. (>, 18.54. MS. 
Inst. Austria, I. 10.{. ) The Austrian goveriniient declined to furnish 
a full cojiy of the i>roceedings. but an extract from them was coni- 
luiniicated by Count Buol to the American legation. It was with 
reference to this situation that the instruction of Ai)ril C>, 1855, supra, 
was written. In a final instruction on the subject, Mr. Marcy said: 
" In your note of the 18th of February to Baron Werner you repeat 
your demand for an authenticated copy of all evidence, documentary 
and j»arol, invoked to justif}' the arrest and secure the conviction of 
Speer, and you say that after the date of that demand you would 
not return to tlie subject without positive instructions to that effect, 
and the Department deems it necessary only to add that it fully ap- 
proves of this determination." (Mr. Marcy, Sec. of State, to Mr. 
Jackson, chargf' at Vienna, April 8, 1850, MS. Inst. Austria. I. 117.) 

" I do not think the United States can complain of Austria for 
having committed a national wrong by neglecting or refusing to 
notify our consids or diplomatic agents of the arrest and prosecution 
of a person who claims to be or has a passport showing that he is an 
American citizen. It is certainly not the practice in our country 
to give such notices, though information applied for would not be 
withheld.'' 

Mr. Marcy, Sec. of State, to Mr. Jackson, charg*'- at Vienna, April 0, 1855, 
MS. Inst. Austria, I. 10.5. 

The interposition of one government in legal proceedings within 
the juri.sdiction of another lx»ing always a matter of delicacy, it should 
not be conducted in such a way as to involve a marked assumpticm of 
a denial of justice or as to suggest a lack of consideration for the 
constituted authority, such as would be indicated by a request to the 
minister of foreign affairs for '* coj)ies of all the papers "" and for 
"such other details" as might be "within his knowledge and pro- 
curement," in a case pending before the courts, in order that an 
opinion might l)e formed as to the ])ropriety or regularity of their 
proceedings. 

Mr. Blaine. Sec. of State, to Mr. Ryan, min. to Mexico, Feb. 16, 1891, MS. 
Inst. Mexico, XXIII. 38. 



§ 916.] DEBTS AND CONTRACTS. 285 

" The Department is perfectly aware that the proceedings of first 
instance, under the general code of the countries deriving their pro- 
cedure from tlie Koman law, are analogous in their nature to the 
inquest of a grand jury under the common law of Saxon nations, and 
that precise information in respect to and formulation of the charges 
against the prisoner are not communicable in the preliminary stages. 
But this does not preclude a respectful inquiry from a consul as to 
the general nature of the offense charged or as to the status of a 
pending case." 

Mr. Sherman, Sec. of State, to Mr. Sepulveda, U. S. charge d'affaires ad 
interim at Mexico, May 5. 1897, For. Bel. 1897, 396. 

4. Debts and Contracts. 

§ 916. 

" It has Ixicome a common habit of governments, especially in 
England, to make a distinction between complaints of persons who 
have lost money through default of a foreign state in paying the 
interest or capital of loans made to it and the complaints of persons 
who have suffered in other ways. In the latter case, if the complaint 
is thought to be well foimded, it is regarded as a pure question of 
expediency on the facts of the particular case or of the importance 
of the occurrence, whether the state shall interfere, and if it does 
interfere, whether it shall confine itself to diplomatic representations, 
or whether, upon refusal or neglect to give redress, it shall adopt 
measures of constraint falling short of Avar, or even resort to war 
itself. In the former case, on the other hand, governments are in the 
habit of refusing to take any steps in favour of the sufferers, partly 
because of the onerousness of the responsibility which a state w^ould 
assume if it engaged as a general rule to recover money so lost, partly 
because loans to states are frequently, if not generally, made with 
very sufficient knowledge of the risks attendant on them, and partly 
because of the difficulty which a state may really have, whether from 
its own misconduct or otherwise, in meeting its obligations at the 
time when it makes default. Fundamentally however there is no 
difference in principle between wrongs inflicted by breach of a mone- 
tary agreement and other wrongs for which the state, as itself the 
wrongdoer, is immediately responsible. The difference which is made 
in practice is in no sense obligatory; and it is open to governments 
to consider each case by itself and to act as seems well to them on its 
merits." 

Hall, Int. Law, .5th ed. 280-281. 

"The foreign debt of Spain, according to MacCrregor and McCul- 
loch, amounted in January, 1842, to £65,000,000 sterling. The former 



286 INTERVENTION. [§ 916. 

author observes that " the expenditure of Spain exceeds her income 
Avitliout j)ayin<]: a real towards the interest of the foreijjn debt; ' and 
tlie hitter asserts with justice that ' a hirge amount of this debt is due 
to the English; and the interest on it has not been paid for a length- 
ened period.' 

'• Lord (ieorge Bentinck, in a debate on the subject of the Spanish 
debt, in the House of Commons, on the 7th July, 1847, with the best 
means of obtaining information, stated with confidence the amount of 
the debt due by Spain to British subjects, on which no interest was 
paid, to be £4(;.00(),000 sterling— say, $2:^0,000,000. In his speech 
Lord Bentinck attempted to prove both the right and the duty of 
(ireat Britain to go to war with Spain for the recovery of this debt, 
if the object could not otherwise be accomplished; and he signifi- 
cantly referred to the revenues of the islands of Cuba and Porto Rico 
as furnishing am])le means not only for the payment of the interest, 
but for the litpiidation of the princi})al. Lortl Palnierston, in rej)ly, 
admitted the right of the British Government to wage war against 
Spain for the recovery of this debt, but denied its expediency under 
the then existing circumstances. 

"He concluded his renuirks, however, by stating: 'But this is a 
question of exi)ediency, and not a question of power; therefore, let 
no foreign country who has done wrong to British subjects deceive 
itself by a false im})ressi()n either that the British nation or the Brit- 
ish parliament will forever renuiin patient under tlie wrong: or that, 
if called uj)on to enforce the rights of the people of England, the 
government of England will not have ample power and means at its 
connnand to obtain justice for them.' 

''Lord George Bentinck was so well satisfied with the speech of 
Lord Palnierston that he withdrew his motion for an address to Her 
Majesty to take such steps as she might deem advisable ' to secure for 
the British holders of unpaid Spanish bonds redress from the govern- 
ment of Spain,' ol)serving: 'After the tone taken by my noble friend I 
am sure there will be nothing left to be wished for by the Spanish 
bondholders. In the language of my noble friend, coupled with the 
course he has adopted upon former occasions as regards the payment 
of British sul)jects i)v Portugal and the South American States, the 
British holders of Spanish bonds have full security that he will in 
other cases exercise the same energy, when the projier time arrives to 
have it exercised, in the case of other subjects of the (^rown. Such 
an intimation has been given in the tone and language of my noble 
friend to th<' Sj^anish nation, and I doul)t not they will set themselves 
to work with very little loss of time themselves to do justice to the 
foreign creditors of Spain.' " 

Mr. I?u<liiiiiaii. S«'c. of Stato. to Mr. Saunders, luin. to Spain, .June 17, 
1848, MS. Inst. Spain, XIV. 256. 



§ 916.] DEBTS AND CONTRACTS. 287 

The foregoing extract forms part of a passage in which Mr. Buchanan 
discussed, as one of the i-easons why the United States should en- 
deavor to purchase Cuha, the possibility of Great Britain's seeking 
to obtain possession of the island. 

" The opinions of the President, concerning the rights and duties 
of the United States connected with the protection of our citizens 
and their property abroad, are distinctly set forth in that letter [of 
July 25, 1858, to General Lamar], and have since undergone no 
change, as the government of Nicaragua has been informed. In 
laying down the principles we maintain, it is said : ' The United 
States believe it to be their duty, and they mean to execute it, to 
watch over the persons and property of their citizens visiting for- 
eign countries, and to intervene for their protection when such action 
is justified by existing circumstances and by the law of nations.' 

" In addition to this general declaration, applicable in all countries, 
there were some peculiar principles asserted, arising out of the con- 
dition of Nicaragua and of the transit route from ocean to ocean 
across its territory. The right of the United States to take care that 
the public contracts made with our citizens for the construction and 
use of that route of intercommunication are faithfully observed was 
explained and maintained, and so far as the legal power of the 
Executive extends will be enforced, if necessary." 

Mr. Cass, Sec. of State, to Mr. Body. .Alar. .'5, 1800. 52 MS. Doui. I>et. 11. 
For Mr. Cass's instruction to Mr. Lamar of July 25, 1858, above referred 

to, see correspondence in i-elation to the Proposed Interoceanic 

Canal (1885), 281. 

" It is quite true, for example, that under ordinary circumstances 
when citizens of the United States go to a foreign country they go 
with an implied understanding that they are to obey its laws, and 
submit themselves, in good faith, to its established tribunals. AVhen 
they do business with its citizens, or make private contracts there, 
it is not to be expected that either their own or the foreign govern- 
ment is to be made a party to this business or these contracts, or will 
undertake to determine any disputes to which they may give rise. 
The case, however, is very much changed when no impartial tribunals 
can be said to exist in a foreign country, or when they have been arbi- 
trarily controlled by the government to the injury of our citizens. 
So, also, the case is widely different when the foreign government 
becomes itself a party to important contracts, and then not only fails 
to fulfill them, but capriciously anmds them, to the great loss of 
those Avho have invested their time and labor and capital from a 
reliance upon its own good faith and justice." 

Mr. Cass, Sec. of State, to Mr. Dimitry, May 3, 18r>0, MS. Inst. Am. 
States XVI. 125. 



288 INTERVENTION. [§ 916. 

•• I have to ackiiowledjre the receipt of your letter of the. 19th instant, 
\vitli wliicli you enclose a copy of a contract l)etween the Chinese 
minister at Washington, acting on In^half of liis government, and 
your clients, the American-China Development Company, and in 
which you request this Department to give notice to the United States 
legation and consulates in China that the representatives of the 
American-China Development Company, charged with carrying out 
the provisions of the contract, 'shall have recognition and protection 
in the performance of their duties,' and that the charge of the reve- 
nues and property assigned to the loan under the contract 'will be 
noted by this government, which will uphold the contract as a bind- 
ing engagement upon the Imperial Chinese government." You state 
that the English investors will have 'the usual recognition' from the 
British Foreign Office, substantially in this form, and ask this 
Department to give you a letter 'in substantially the same general 
form as that to be written by the British Foreign Office.' You 
further state that you are authorized by the English investors in 
your enterprise to say that the British Foreign Office is prepared to 
discuss the form and phraseology of the letter desired by you, if 
this Department wishes to take the matter up in that manner. 

" In reply I have to say that the De])artment is unable to give you 
such a letter as you request. AMiile the government of the United 
States is always ready to enforce the just rights of its citizens abroad, 
it has always declined to become the guarantors of their contracts 
with foreign governments. As a rule, it has declined, where such a 
contract was alleged to have been violated by the foreign government, 
to interfere beyond the exercise of good offices. This being so, still 
less can it assume l)eforehand to guarantee the execution of the 
contract. 

"As to the statement that such a letter as you desire from this 
government may be obtained from the British Foreign Office, I 
have only to say that, assuming your supposition to be correct, the 
British Crown, which exercises the executive power in that country, 
jK)ssesses both the war-making power and the treaty-making power, 
and is therefore authorized, in matters involving relations with for- 
eign countries, to give guarantees and to enter into engagements 
which the Executive of the United States would not alone be compe- 
tent to assiune. 

'• The government of the United States, in giving to its citizens 
assurances of j)rotection. is unal)le to go further than to say that if 
their riglits should l)e violated, it woidd act upon the case when pre- 
stMited. in such manner as might at the time appear to be lawful and 
proper." 

Mr. Day. S«'c. of Stat«'. to .Mossrs. Cary & Whltridge, Augu.st 24, 1898, 231 
MS. L)oin. Let. 88. 



§ 917.] JOINT ACTION ; CONCERTED ACTION. 289 

The United States cannot interfere with the ri^ht of a foreign 
government to prescribe the terms of the concessions which it may 
make to American citizens to carry on business within its territory, 
in the absence of a treaty regulating the matter; and where a con- 
cession has been accepted in which a certain privilege is denied, the 
United States cannot demand the annulment of the provision. The 
most that it could with propriety ask would be that, on grounds of 
comity, American citizens should be allowed to engage in and carry 
on business on the same terms or on terms equalh^ favorable with 
those granted to the citizens of other foreign countries. 

Mr. Hay, Sec. of State, to Mr. Powell, inin. to Ilaytl, No. .330, April 1, 

1899, MS. Inst. Hayti. IV. 13.5. 
See, further, in relation to this subject, supra, § (547. 

" Except for arbitrary Avrong, done or sanctioned by superior 
authority, to persons or to vested property rights, the United States 
government, following its traditional usage in such cases, aims to 
go no further than the mere use of its good offices, a measure which 
frequently j^roves ineffective. On the other hand, there are govern- 
ments which do sometimes take energetic action for the protection 
of their subjects in the enforcement of merely contractual claims, and 
thereupon American concessionaires, supported by powerful influ- 
ences, make loud appeal to the United States government in similar 
cases for similar action. They complain that in the actual posture 
of affairs their valuable properties are i^ractically confiscated, that 
American enterprise is paralyzed, and that unless they are fully 
protected, even by the enforcement of their merely contractual rights, 
it means the abandonment to the subjects of other governments of 
the interests of American trade and commerce through the sacrifice 
of their investments. . . . Thus the attempted solution of the 
complex problem by the ordinary methods of diplomacy reacts injuri- 
ously upon the United States Government itself, and in a measure 
paralyzes the action of the Executive in the direction of a sound and 
consistent policy." 

President Roosevelt, message to the Senate, Feb. in. 1905. Confid. Exec. 
V. 58 Cong. 3 sess. 2-3. (Injunction of secrecy removed Feb. 1»>. 
1905.) 

See, as to contract claims, infra, §§ 995-997. 

5. Joint Action ; Concerted Action. 

§917. 

" Diplomatic agreements, between agents of foreign powers, hastily 
gotten up in a foreign country, under the pressure of revohitionary 
dangers, may be entirely erroneous in their objects, as they must be 

H. Doc. 551— vol 19 



290 INTERVENTION. [§ 917. 

incomplete in form, and unreliable for want of adequate authority. 
Moreover, they unavoidably tend to produce international jealousies 
«ind conflicts. You will, therefore, carefully abstain from entering 
into any such negotiations, except in extreme cases, to be immediately 
reported to this Department." 

Mr. Seward. Sec. of State, to Mr. I'ruyn. niiii. to Venezuela, No. 14, Aug. 
22. 18<i.H, Dij). Cor. 18(kS, II. }M)4. 

This instruction related to the action of Mr. Pruyn in enterinjj, in con>- 
mon with the dii)loniatic representatives of (Jreat Britain, Italy, and 
Spain, at Caracas, into a corresiK)ndence with the French minister, 
in which he was ivtiuesttnl, in a qualitied manner, to detain a French 
.ship of war, then lying at La Guayra. The French minister declined 
to comply with the reiiuest. 

See Mr. Pruyn to Mr. Seward, No. m, Oct. 1, 18«>8, and Mr. Seward to 
Mr. Pruyn, No. 2(>, Nov. 0, 18(>S, Dip. Cor. 18t>8, II. 974, 08.3. 

" It is of cour.se neither possible nor desirable to avoid a free inter- 
change of opinion between the representative of the United States 
and the representatives of other powers upon questions of common 
concern arising in foreign capitals. Such free communication is not 
only approved, but is especially connnended. At the same time care 
should be taken to avoid, as far as possible, formal conventions in 
which propositions are considered, with an understanding or agree- 
ment that a decision by a majority of representatives shall conmiit or 
bind the representative of the I'nited States. A consent on your part 
to give such an effect to a decree of a council of representatives would 
he virtually a proceeding derogating from the authority of the Presi- 
dent, and if approved by him would have the seeming but unreal 
operation to l)ind the United States by his own individual act, in 
derogation of the Constitution, which re(]uires tluit no engagement 
shall be made with foreign powers other than by treaty solemnly cele- 
brated i)y the President and duly ratified l)V the Senate." 

.Mr. Seward. Sec. of State, to Mr. Ilovey, min. to Peru, No. 42, Feb. 2.5, 

ISCT, I>ii>. Cor. 18(;7, II. 7(>!. 
This instruction related to the proceedings of the diplomatic corps at 

Lima, on the subject of asylum. See supra, § 30.3. 

Complaint having l)een made of the imposition of excessive fines 
on vessels by the customs authorities of Cuba, the minister of the 
United States at Madrid was instructed to use his l)est endeavors to 
secure a uKxlificatiou of the existing regulations, and to endeavor to 
secure similar and. as far as possil)le, identical action on tlie part of 
the British. German, and Swedish and Norwegian governments, 
whose commerce was likewise affected. He was therefore to confer 
with the ministers of those gf)vernments at Madrid, in the hope that 
they might l)e instructed each to frame a note to the Spanish govern- 
ment, such notes to be simultaneous, if not identical. He was, how- 



§ 917.J JOINT ACTION ; CONCERTED ACTION. 291 

ev^er, himself to address a note to the Spanish government should the 
rest decline to act. 

Mr. Fish. Sec. of State, to Gen. Sickles, iiiin. to Spain, March 21, 1873, 

For. Kel. II. !»;}2. 
See, as to the concerted action taken, For. Rel. 1873, II. 98^999, 

103C»-1044. 

" In consequence of the continued exaction in Cuba, of oppressive 
fines against American vessels. General Sickles, has been instructed 
to address a note to the Spanish government for the purpose of secur- 
ing such a change in existing tariff laws of Cuba, as shall make the 
goods themselves which may be imported into Cuba in American 
vessels, subject to any fines that ma}^ be exacted under the laws, rather 
than the vessels Avhich import them. The reasons which have induced 
these instructions Avill sufficiently appear in the note of instructions 
to General Sickles and the memorandum which accompanies it, copies 
of both of which are enclosed. 

^ You are instructed to use your best endeavors to secure from the 
British government such instructions to its minister at Madrid as 
may enable him to make a simultaneous, if not identical application 
to the Spanish government in support of the desired change, and 3^011 
may deliver a cojn' of the instructions to General Sickles and of the 
enclosed memoran(him to the minister for foreign affairs. 

'• The interests of all the maritime powers whose mercantile marine 
is in the hal)it of trading with the Cuban ports is identical; and the 
modifications which are asked for, are so reasonable and so just, that 
it does not appear to be necessary for the Department to add anything 
further in support of them.'' 

Mr. Fish, Sec. of State, to Gen. Schenck, niin. to England, March 22, 1873, 
MS. Inst. Great Brit. XXIII. 307. 

" In 1871) our j)resentation of the matter [of the deposit of ship's 
pa})ers with the local authorities] anew to the Colombian govern- 
ment was supi)orte(l by the British government. I send you here- 
with, for your information, copy of a note received by Mr. Evarts 
from Sir K. Thornton on the subject. You will find, also, in the 
volume of Foreign Kelations IcSTO (page 283) certain correspondence 
exchanged between IVIr. Dichman [the American mini.ster] and the 
Bi'itish minister I'esident at Caracas. It is not to be forgotten more- 
(.ver that, in the arrangement of 1870 with the Colombian Govern- 
ment relative to the non-enforcement of the obnoxious law of 1875, 
the German rei)resentative took a prominent part. 

''Without yielding the initiative which we have taken in this 
matter [of the custody of ship's ])apers in Venezuelan ports], it will 
be well for you to keep your British and German colleagues advised 



292 INTERVENTION. [§ 017. 

of all that may transpire, so that, uiuh'r whatever instructions they 
may receive from their respective <i^<)vernments, they may have an 
opj)ortunity of l)eneHtin«2: l)v our course in pressing a reform which 
is no less necessary for the interests of their governments than for 
our own." 

Mr. Freliugluiyson. Sec. of State, to Mr. Baker, iniii. to Venezuela, Nov. 

2f», 1S8-J. MS. Inst. Veiiez. III. 2(W. enelosinj; coity of ji note of Sir E. 

Thornton to .Mr. Kvarts of .Ian. 'JS. 1870. 
Tbe rei)resentntions of the United States to Veneziiehi in 1S.S:? were sup- 

portetl by Great T.ritain. (For. Uel. 188:?. 8i)7, JKH. i)lJ), (tlil. J»;!l.) 

'' The Secretary stated to the British minister. Sir Julian Paunce- 
fote, that the complaints received from our legation in Constanti- 
nople had been very frecpient of late concerning the ])ersecuti()n and 
had treatment of missionaiies hy the local Turkish authorities. 
These had become so frecpient and were of such an aggravated char- 
acter that the government of the United States felt that some ener- 
getic action should be taken towards their repression. A new min- 
ister was alx)ut to go to Constantinople who would i-eceive special 
instructions on this subject. It occurred to the Secretary that it 
might be well to have the cooperation of. or concert of action by, the 
British ambassador at Constantinople in these matters, if similai' com- 
j)Iaints had reached the British government which woidd justify it. 

" TIk' Secretary further stated that, unless the Turkish government 
did not take some energetic measures towards the corivction of these 
evils, it might Ih^ necessary to send one or more naval vessels into 
Turkish waters with a view of impressing upon that government the 
interest which was taken in this (question by the United States. 
Such a step would be taken by the United States only as a last resort. 
lie felt that, through concert of action on the part of the diplonuitic 
i-epresentatives of the two governments at Constantinople, satisfac- 
tory assurances might be secured from the Turkish government. 

" Sir Julian expressed his approval of the suggestion of concur- 
rent action by the ministers, and stated that he would comnuinicate 
confidentially and fully to Loi-d Kosebery upon the subject. lie sug- 
gested that it might be well to have our legation in London make 
some informal re|)resentation. as well as to advise onr new minister to 
Turkey to put himself in connnunication with the British ambassador 
there. 

" Th<> Secretary responded that th(» suggestions of Sir Julian would 
be carried out l)V him." 

Monioninthuii of <-onference between tlie Secretary of State of tbe Fnitod 
St.ites iind the I'.ritisii minister at Washington. Nov. 17, 1892, MS. 
.Notes to Great liritain. XXII. !">]. 

In 1800, when the long-pending controversy in regard to Vene- 
zuela's requiring ship's papers to be deposited with the customs 



§ 918.] CONTRACTUAL RENUNCIATIONS. 293 

officials, instead of with tho oonsnls, had again become acute, the 
minister of the United States at Caracas was instructed to '' insist on 
ship's ])apers being deliveretl to the United States consul, in accord- 
ance with practice of modern nations," and to " invite coincident 
action by other ministers.'' 

Mr. Hay, See. of State, to Mr. Loom is, iniii. to Venezuela, tel., Nov. 18, 
1899, For. Rel. 1899, 791. 

This question liiul previously been the subject of international cooperation, 
as aijpcars l>y the followiui^ passage: "As tlie matter is one which 
appears to concern British and oth(>r foreign interests in Venezuela 
no less than our own, -Mr. lialier 1 United States minister at Caracas] 
has lieeii instructed to accjuaiut his diplomatic colleagues with what- 
ever may transpire in this relation, in order that they may, if 
desired, piofit by. or, if need be, aid such representations as he may 
make." (Mr. Frelinghuysen, Sec. of State, to Mr. West, Brit, min., 
Nov. 28, 188:?, For. Kel. 1883, 481.) 

G. AtTK.MI'TS to Til MIT iNTEItVKNTION. 
(1 ) BY CONTRACT. 

§ 918. 

A stipulation in a contract to be bound by the laws of the country 
where the money lent is to be employed does not operate where justice 
is denied in such country, though to make out a claim in such a case 
such denial of justice must be definitely shown. 

Mr. V. W. Seward, Acting Sec. of State, to Mr. I.iogan, No. 4, Apr. 1."), 
1879, :\IS. Inst. Cent. Am. XVIII. 21. 

" It is j)resumed . . . you are aware that it is a rule of this 
Department to abstain fi'om officially interfering in nuitters of con- 
tract between citizens of the United States and foreign governments. 
That interposition is limited to the personal good offices of the agents 
of this government in behalf of ])ersons who nuiy consider them- 
selves aggrieved. Any intei'ference even to this extent, however, 
nnist imj)ly (hat there should have been no renunciation on the part 
of the claimant of the jn-ivilege of appeal to his own government. 
When that renunciation has been made a part of a conti-act itself, as 
you rei)resent, there would be no ground for intei'ference by this 
government in behalf of any citizen, whatever nuiy have been his 
antecedents." 

Mr. Fish, Sec. of State, to Mr. Butler, consul at Alexandria, Egypt, Oct. 
n, 1871, MS. Inst. Barbary Powers, XV. 02. 

This was written in reply to an inquiry whether the protection of the 
consulate would be due to citizens of the United States in the service 
of the Khedive of P'gjpt who, although they were graduates of the 
Military Academy at West Point or the Naval Academy at Annapolis, 
"were in the service of the insui-gents during the late civil war" in 



L'94 INTERVENTION. [§ 018. 

the t'nitoil Statos. So far as tlie hare question of protection was 
ooncerned. Mr. Fish expressed the opinion that no diseriniination 
against tlie ehiss of i)ersons referred to could lie made. 

" By the terms of i-ailroad p'ants in Mexico it is holieved tliat 
officers and employes of the roads, within Mexican territory, are de- 
chired amenable to the laws as Mr.i-tnms and are inliibited from 
pleadin*^ rights of alien j)rotection and usage, rrc/i if iiKitriciildtcd. 
Their taking such service in Mexico is there deemed to he a contract, 
a condition of which is the surrender by them of the right to claim 
the protection of their own government. I am not pre|)ared to 
admit that such a waiver annids the relation of the citizen to his own 
government, and I certainly can not think that it extinguishes the 
obligation of this government to protect its citizens in ^h'xico in the 
event of a denial of justice. Giving the contract its fullest scope, it 
can certainly mean no more than that the persons so bound are ad- 
mitted to be entitled to justice in Mexico in lieu of the broader claim 
to international ju.stice, and, in case of a denial of justice, the obliga- 
tion of this government to i)r()tect them remains unimpaired." 

Mr. liayard. Sec of State, to Mr. Morgan, niin. to .Vtexico. y\:\y lit",. lS8r>, 

MS. Inst. Mexico. XXI. 207. 
Quote<l and athrn)ed in Mr. Hayard. Se<-. of State. tt> Mr. P.uck. iiiin. to 

Peru, No. 1S.S. Fel>. !.">. 1SS.S. MS. Inst. I'eru. XVII. -.Vl'X 

In the Sth article of the contract between tlie Jntercontinental 
Telephone Comj)any. a Xew Jer.sey corporation, and the Venezuelan 
government, it was provided that " any doubts or (lisj)utes that may 
arise by reason of this contract shall be decided by the courts of the 
Kej)ublic in conformity with its laws." AVith reference to this clause, 
the Department of State said: "This Department does not concede 
that this clause constitutes the Venezuelan courts the final arl)iters 
of (pu'stions arising under the contract between the c()rj)oi-ators and 
the government of Venezuela, because, in the <'vent of a denial of jus- 
tice by such cx)urts, this Department may under the rules of ititei-na- 
lional law properly intervene. ' 

Mr. Bayard. Sec. of State, to .Mr. Scott, niin. to \'ene/ne]a. No. IIS, .Muie 
2:{, 1S87. MS. In.st. Venezuela, III. "i\. 

'• This govermnent can not admit that its citizens can, merely by 
nuiking contracts with foreign powers, or by other methods not 
amounting to an act of expatriation or a deliberate abaiulonment of 
American citizenship, destroy tlieir dependence upon it or its ()l)liga- 
tions tt» protect tliem in case of a denial of justice." 

Mr. Bayard. Sec. of State, to Mr. Buck. niin. to I'eru. No. 1S,S. Feb. lo. 
1HS8. .MS. Inst. I'eru, XVII. .TJX. (juoting and reallinning .Mr. Bayard, 
Se<-. of State, to Mr. .Morgan. May 2C,, iKSo. supra. 



§ ^18.] CONTRACTUAL RENUNCIATIONS. 295 

" It ma}' further be urged that the petitioner is bound by the restric- 
tions embodied in. and imposed by the terms of the President's ap- 
j)roval of the contract of ^March 1-2, 1881. These conditions require 
that the enteri^rise shall always be national; that all persons interested 
in the road as stockholders, employes, or otherwise, shall be regarded 
as (iuatemalans in regard to it; that they can never maintain tlie 
rights of foreigners in respect to the titles and transactions relating 
to this enterprise; and that no foreign diplomatic agent can ever 
intervene. 

'' Provisions similar to this contained in the laws of certain Span- 
ish-American governments, or in contracts between those governments 
and citizens of the United States, have in recent years been several 
times set up by those governments as a bar to the intervention of 
this government for the protection of the rights of its citizens. But 
the United States has uniforndy refused to regard such provisions 
as annulling the relations existing between itself and its citizens or 
as extinguishing its obligation to exert its good offices in their behalf 
in the event of the invasion of their rights. 

''As instances of the Department's action in such matters may be 
mentioned its intervention in May, 1885. in behalf of certain Ameri- 
cans employed on ^lexican railroads (see Wharton's Digest, II. 337) 
and its instructions of Fel)ruary 15. 1888. to Mr. Buck, United States 
minister to Peru, with reference to the case of iSIr. John L. Thorn- 
dike, in which it took the position that ' this government can not 
admit that its citizens can. merely by making contracts with foreign 
powers, or by other methods not amounting to an act of expatriation 
or a deliberate al)andonment of American citizenship, destroy their 
dependence upon it or its obligation to protect them in case of a 
denial of justice.' '' 

Mr. Bayard, See. of State, to Mr. Hall, niln. to Cent. Am.. March 27. 1888, 
MS. Inst. Cent. Am. XIX. 10(5, For. Rel. 1888, I. i:U-i:{7, touching the 
claim of the Chami)erico and Northern TransiM)rtiition Company, a 
California corporation, against Guatemala growing ont of an alleged 
violation by that Goverinnent of its contract with tlie company. 

" It may be said that the petitionet- under the contract ought to 
have submitted these questions to an arbitration. But the terms of 
article 25 can hardly be regarded as applying to a case like the 
present, which does not arise from any disfiute as to the meaning of 
the contract or as to its application to a particular state of facts, 
but is ])ased npon a clear repudiation and disregard by the (luate- 
malan government of some of the essential features of the agreement. 
It seems i)lain that these (luestions are not such as can be disposed 
of by arl)itration." 

Mr. Rayard. Sec. of State, to Mr. Hall. min. to Central America. March 
27. 1888, For. Kel. 1888, I. I.'U. \?,-. 



29(> INTERVENTION. [§ 918. 

This instruction ivlatotl to tin* claim of a rallfornia corporation against 
tlu' government of (Guatemala, growing out of tlic allogtHl violation 
Ity that govprnuient of a contract with the company. The contract 
I»rovide<l for the issuance by the government of a certain amount 
of i)onds which were to be rtn^ivable at the custom-houses, and pro- 
Iiiliitcd the government from granting a concession for tlie construc- 
tion of a conii»eting line of railway within a certain distance for a 
certain term. It was alleged that the governnjent has suspended 
tlie reception of tlie bonds at tlie custom-houses and had also granted 
a (tinct'ssion for a competing line of railway within the si)eolfled dis- 
tance'. 

A new law of the Turkish <^oveniin(Mit for the refjulation of print- 
ing oftices in the Ottoman Empire, ('ontained, in the second para- 
graph of article 5, the following provision: 

Nevertheless, a foreigner shall not be i>ermitted to set up a printing office, 
except he shall furnish a declaration, legalized by the embassy or legation of 
his country, whereby he shall never be able to take advantage, in his profession 
as a i»rinter. of the jtriviieges and immunities belonging to foreigners; that is 
to say. that be shall accept, the case arising, such i)roceetlings in regard to 
himself jind iiis printing offlces as are followed in regard to Ottoman subjects. 

AVith reference to this provision, the Department of State said : 
"This proposition is not new. The legislation of various countries 
of S|)anish America, such as Mexico, Venezuela, and Peru, has sought 
U) estal)lish that a foreigner, Avhile continuing to be a subject or citi- 
zen of the country of his allegiance, may by his own act waive or 
forego the right to invoke the dij)lomatic protection of that govern- 
ment in case of alleged injury. This position whenever taken up has 
been consistently opj)osed by the United States. When the Mexican 
law assumed to j)rescribe that the omission of a foreigner to register 
as an alien deprived him ipso fdcto oi the right to invoke the treaties 
and conventions existing between his country and Mexico, and of the 
right to seek the j)r()tecti()n of his own government, this Department 
annoiuiced that such a law 'can not disturb or affect the relationshij) 
existing at all times between this government and one of its citizens. 
The duty is always incumbent upon a government to exercise a just 
and jjrojM'r guardianshij) over its citizens whether at home or abroad. 
A municipal act of another state can not abridge this duty, nor is 
such an act countenaui-ed by law or usage of nations.' (Foreign 
Kclations. 1885. j). r>7().) When the railway laws of Mexico and the 
laws of contracts of several other American States prescribe that 
renunciation of all claim to j)rotection as a foreigner under interna- 
tional law or treaties is to Iw a condition precedent to taking service 
or entering into contract with the foreign government, and in so far 
as such service or contract is concerned this government has promptly 
maintained that the condition is neces.sarily void, and that it is not 
competent to a citizen to divest himself of any part of his inherent 



§ 018.] CONTRACTUAL RENUNCIATIONS. 297 

right to protection or to impair the duty of his government to pro- 
tect him. He may conchide his rights in such regard by ceasing to be 
a citizen, for that is the accepted doctrine of expatriation, but he may 
not remain a citizen and withdraw himself or be withdrawn \mder 
the operations of the municipal law of another country from the 
rights and duties of citizenship. 

" The above-quoted provision of the Turkish printing law of 
January 10, 1888, appears to l)e even more objectionable aiul contrary 
to the unassailable principle for which we contend than any of the 
Spanish- American legislation to which I refer, for it assumes to 
invest the individual renunciation of his personal rights with the 
sanction of his legation, and to make the foreigji government, 
through its international representative, in some sense a consenting 
party to the supposed renunciation. Holding, as we do, that the indi- 
vidual act is necessarily invalid pev ,se^ this government could cer- 
tainly not intervene in any way to invest such an act with a show of 
validity." 

Mr. Bayard, See. of State, to Mr. Straus, min. to Turkey, No. 115, June 
28, 1888, For. Rel. 1888, II. l.")99. 

December l-t, 1883, the Portuguese government granted to Edward 
McMurdo, a citizen of the United States, a concession for the con- 
struction of a railway from Lourenga Marques to the Transvaal fron- 
tier. The concession provided for the private arbitration of all differ- 
ences arising thereunder. In 1889, the Portuguese government, on 
grounds w^hich need not here be stated, annulled the concession and 
took possession of the railway, which had then been completed, with 
the aid of an English company. The governments of the United 
States and Great Britain intervened, and the Portuguese government 
offered arbitration Avith the concessionaire under the terms of the 
concession. This offer was declined, the United States declaring that 
it was " not within the power of one of the parties to an agreement 
first to annul it, and then to hold the other jiarty to the observance of 
the conditions as if it were a subsisting engagement." The case was 
eventually submitted to international arbitration. 

See Mr. Blaine, Sec. of State, to Mr. Loring, n)in. to Portugal, Nov. 30, 
1889, 2 Moore's Int. Arbitrations, 1870. 

"Articles 9 to 12, inclusive [of the constitution of Venezuela of 
1893], relate to the rights of foreigners in Venezuela and the respon- 
sibility of the government to them. Articles 9 and 10 are the two 
declarations with respect to claims and diplomatic intervention ap- 
proved by the International American Conference by a vote of 15 
to 1, the United States voting negatively, and Hayti abstaining from 
voting (Minutes of the Conference, pp. 807-811). Mr. Trescot, a 
delegate of the United States, in his minority report against these 



298 INTERVENTION. [§ 918. 

declarations, says that ho can not interpret them ' in any other sense 
tlian the entire and absohite denial of the right to diplomatic recla- 
mation between independent governments in vindication or protec- 
tion of the rights of its citizens residing in foreign countries.' (Min- 
utes of the Conference, p. 82('). ) If the necessity, therefore, should 
arise, I suppose that the government of the United States would no 
more admit now than it would in 1888 that ' its diplomatic interven- 
tion could he forestalled by an internal legislative limitation of lia- 
bility,' or that such domestic legislation, and not the principles of 
international law, can determine the responsibility of governments to 
one another (F\)reign Kelations, 1888, p. 491). But the most remark- 
able provision is that of article 11, that ' the government of Venezuela 
will not make any kind of treaties with other nations unless they 
recognize the principles established in the two foregoing articles.' 
This article, strictly interpreted, would, to say the least, restrict the 
treaty relations of Venezuela with other countries within very narrow 
limits. 

'• On the 7th instant I had an interview with the minister of foreign 
iiifairs relative to the extradition negotiations. As pertinent thereto, 
but without reference to the merits of the foregoing article generally, 
I adverted to it, saying to him that I supposed Venezuela would not 
refuse to make with the United States a treaty to which the i)rinciples 
fornuilated in articles 9 and 10 could have no applicabilit}^, but are 
wholly irrelevant, as, for example, the extradition treaty w^hich we 
were negotiating, or a postal treaty, lie assented to that view and 
said he thought it apjilicable rather to a general treaty, especially one 
giving foreigners the right to reside and do l)usiness in Venezuela. 

"Article 141, recpiiring an arbitration clause in international trea-- 
ties, follows substantially article 109 of the former constitution, but 
is now applicable to treaties generally, while before treaties of 'com- 
merce and amity ' were specified. 

''Article 148 is a copy of article IKi of the former constitution. 

"Article 149, recpiiring a clause to be inserted in pul)lic contracts 
that any dispute with reference to the same should l)e decided by the 
tribunals of Venezuela, conformably to the laws of the Republic, and 
that such contra(;ts shall in no case afford a ground for an interna- 
tional reclamation, is new to this constitution, although it has been 
the usual practice for some time to insert such a clause in contracts." 

Mr. I'artridj:*', iiiin. to Vonezuela. to Mr. (ircsbain. See. of State, July 
12, l,Si>:{, For. Hoi. IHlKi. I'M. 

The text of the articles above referred to. as translated by Mr. Partridge, 
is as follows : 

"Abt. 9. Forei>;ners are entitled to enjoy all the civil rights enjoyed by 
natives; and they shall lie accorded ail the benefits of said rights in 
all that is essential as well as in the form or procedure and the legal 
remedies incident thereto. al»solutely in like manner as said natives. 



§ 918.] CONTRACTUAL RENUNCIATIONS. 299 

"Art. 10. A nation has not, nor recognizes in favor of foreigners, any 
other obligations or responsibilities than those which in favor of the 
natives are established in like cases by the constitution and the laws. 

"Art. 11. The government of Venezuela will not celebrate with other 
nations any kind of treaties unless they recognize the principles 
established in the two foregoing articles. 

"Art. 12. The law will determine the rights and duties of foreigners not 
domiciled. 

"Art. 141. In international treaties there shall be inserted the clause that 
" all differences between the contracting i)arties shall be decided, 
without appeal to war, by the arbitration of a friendly power or 
powers." 

"Art. 148. The national executive will negotiate with the governments of 
America upon treaties of alliance or confederation. 

"Art. 149. No contract of public interest celebrated by the national gov- 
ernment or by that of the States can be transferred, in whole or in 
part, to a foreign government. In every contract of public interest 
there shall be inserted the clause that ' doubts and controversies 
that may arise regarding its meaning and execution shall be decided 
by the Venezuelan tribunals and according to the laws of the Re- 
public, and in no case can such contracts be a cause for international 
claims.' " 

" The one hundred and fortj^-ninth article, requiring the insertion 
in every contract of public interest of a clause providing that con- 
troversies thereunder shall be decided by the Venezuelan ti'ibmials 
and according to the laws of the republic, and that in no case can 
such contract be a cause for international claims, is a gratifying 
guarantee that, by the organic statute, aliens may assert their con- 
tractual rights by suit against the state or federal government. The 
inherent right of an alien to recur to the diplomatic protection of 
his government in the event of a denial of justice could not be re- 
garded as impaired were the resort thus oft'ered to him withheld or 
rendered nugatory." 

Mr. Adee, Acting Sec. of State, to Mr. Partridge, min. to Venezuela, July 
2(5, 189H, For. Kel. 1893, 784. 

"As regards the effect of the provision in a contract that ' the 
grantee refuses in all events the diplomatic recourse," the l)e|)artment 
prefers not to express a definite opinion in advance of the presenta- 
tion of a case requiring it. Probably, hoAvever, it means only this: 
That the party claiming under the contract agrees to invoke for the 
protection of his rights only the authorities, judicial or otlier, of the 
country where the contract is made. Until he has done this, j.nd, 
unless having done this, justice is plainly denied him, he can not in- 
voke the dii)lomatic intervention of his own country for redress. 
But if his ajiplication to the authorities of the country Avliorc the 
contract is made results in a palpable denial of justice, or in a j^lainly 



300 INTERVENTION. [§ 918. 

unjust discrimination a^inst the applicant as an American citizen, 
the clause above <|uote(l would hardly he construed to prevent an 
appeal for dii)loinatic intervention if such intervention would other- 
wise he allowable under the rules of international law." 

Mr. (ircshain, See. of State, to Mr. Crawford. So|»t. 4. ISIK'., UVA MS. 
Doin. Let. :n!). 

The position of the German government with reference to the non- 
intervention clause in \'enezuelan contracts was thus reported by the 
American minister at Caracas: "I have had another talk with the 
(ierman minister on the subject. He said: 'I have under instruc- 
tions notified the Venezuelan government that my government will 
no longer consider itself bound by the clause in most contracts between 
foreigners and the Venezuelan government Avhich states that all 
disputes, growing out of the contract, nnist be settled in the courts of 
this country. Our position is that the Oerman government is not a 
party to these contracts and is not bound by them. In other words, 
we reserve the right to intervene diplonuitically for tiie ])rotection of 
our citizens whenever it shall be deemed best to do so, no matter 
what the terms of the contract, in this particular respect, are. Tt 
would not at all do to leave our citizens and their interests to the 
mercy of the courts of the country. The Venezuelan government has 
objected with vei'v much force to this attitude on our part, but our 
position has been maintained.' Tt is apparently not at this time the 
purpose of the (ierman government to interfere diplomatically in 
all contractual claims, but rather to contend for its right to do so." 

Mr. Looniis, niin. to Vonezuela, to Mr. Hay, Seo. of State. No. 4r>() (con- 
fid.), .June .'>, ItMM), MS. Desp. from Venezuela, in reply to an inquiry-. 
<-ontaintHl in Mr. Ilay, See. of State, to Mr. lA>oniis, No. .335, May 11, 
IIMK). MS. Inst. Venezuela, V. 1. 

The mixed commission under the treaty between the United States 
and Venezuela inider the convention of December T), 1885, having dis- 
missed a claim on the ground that the claimant, who had a concession 
from Venezuela, had failed to comply with the s(i})ulati()n of the con- 
cession that all doubts and controversies arising thereunder should be 
<letermined by the courts of Venezuela in the usual course of judicial 
])roceedings, the Department of State said: "The grounds on which 
the decision of dismissal is based intt»rpret its meaning; and while it 
is not deemed necessary to express an oj)inion as to the soundness or 
unsoundness of the decision, it is not competent for the Department to 
review and in effect to reverse it by exercising diplomatic intervention 
in its support after it has been thus solenndy adjudged that it does 
not lie. The Department therefore regrets its inabilit}^ to present the 



§ 918.] CONTRACTUAL RENUNCIATIONS. 301 

claim to the government of Venezuela, until there has been a com- 
pliance with the aforesaid stipulation, resulting in a denial of justice." 

Mr. Hay, Sec. of State, to Mr. Woodruff, Nov. 2,S, 10(¥), 249 MS. Doin. 

Let. .30 L 
This related to the chiim of tlie Ferro Carril del Este against Venezuela. 

The nonintervention clause in contracts has on .several occasions 
been discussed by international connnissions, with 

utterances of mixed ^.^.^^j^^ scarcelv harmonious enough to be satisfactory, 
commissions. ■ ^ »' 

In the case of Day and Garrison, executors of 

Garrison, Xo. 38, before the mixed commission under the convention 
between the United States and Venezuela of Dec. 5, 1885, a claim was 
made against the Venezuelan government for damages for the viola- 
tion of certain contracts which it had made with citizens of the 
United States. The agent of Venezuela based his defense to the 
claim on several grounds, one of which was that the contracts had 
never been legally entered into and were invalid, while another was 
that by their 18th article it was stipulated that " any doubts, differ- 
ences, difficulties, or misunderstandings that may arise from, or have 
hny connection with, or in any manner relate to this contract, directly 
or indirectly,'' should be submitted to private arbitration at Caracas, 
and that "' therefore this contract shall never, under any pretext or 
reason whatever, be cause for any international claims or demands." 
All three commissioners held that the contracts were invalid; but 
two of them, namely, Findlay (American) and Andrade (Venezuelan) 
expressed the opinion that, even if the claim had been admissible on 
other grounds, it should have been rejected on the ground that by the 
18th article a mode of settlement was provided which was '* inconsis- 
tent with any attempt to make them cause for an international claim 
on any pretext whatever." The remaining commissioner. Judge John 
I jittle (American), dissented from this particular conclusion, on the 
ground that, quite apart from the question as to the validity of the 
contracts, it appeared that the Venezuelan executive had declared 
them to be annulled, and that this was tantamount to a refusal to 
arbitrate. As the government had declared "• the whole of the con- 
tracts at an end," the company, said Judge Little, had a riglit to 
assume that the government '* would not countenance action under 
(unj of their provisions. The government under the contracts had 
a voice in the selection of arbitrators. Its action closed the door, 
therefore, to arbitration, and the failure to resort to that means of 
adjustment can not, in my judgment, be rightfull}^ set up as a defense 
here in its behalf." " 

It may be observed that the position of Judge Little, which is 



« Moore, Int. Arbitrations, IV. 3r>48-3r><>4. 



302 INTERVENTION. [§ 018. 

ill hannony witli tliat taken by Mr. Blaine in the case of McMurdo," 
is strongly su})j)orted by the decision of the mixed commission under 
the convention between the United States and Chile of Aug. 7, 1892, 
in the case The North and South American Construction Company v. 
Chile, No. 7. In this case, which related to a contract made with 
the Chilean government for the construction of a railway, it was 
stipulated that the contractors should " be considered for the ends of 
the contract as Chilean citizens,"' " in consequence " of which they 
renounced " the protection which they might ask of their respective 
governments, or which these might officiously lend them in support 
of their pretensions ; " and that any " difficulties or disputes " which 
might arise as to the execution or interpretation of the contract 
thould be settled by arbitration in a specified manner. The tribunal 
thus agreed upon, having been afterwards suppressed by a decree 
of the Chilean government, the commission, with the dissent of the 
Chilean commissioner, held that the claimant had recovered his 
'' entire right to invoke or accept the mediation or protection of the 
government of the I'nited States." '' 

The question of the effect of a renunciation of the right to claim 
diplomatic protection came a second time before the mixed com- 
mission under the convention between the United States and Vene- 
zuela of Dec. 5, 1885, in the case of AVoodrutf, and Flanagan, Brad- 
ley, Clark & Co., /■. Venezuela, Nos. 20 and 25. In this case a claim 
was made against Venezuela for the jiayment of certain bonds which 
were issued by the Compcuiia del Ferrocarril del Este (Company of 
the Railway of the East) for the construction of a railway, Avhich 
railway subsequently came into the possession of the Venezuelan 
government. The bonds on Avhich the claim was based belonged to 
Flanagan, Bradley. Clark & Co., to whom, together with certain 
Venezuelans, a concession was granted by the Venezuelan gov^ern- 
ment in 1859 for the construction of the railway. The liability of 
the Venezuelan government for the payment of the bonds was 
denied; and it was also contended that a diplomatic claim was inad- 
missible because of art. 20 of the concession, which, translated, reads: 

" Doubts and controversies which at any time may occur in virtue 
of the present agreement shall be decided by the common law and 
ordinary tribunals of Venezuela, and they shall never be, neither the 
decision which shall be pronounced upon them, nor anything rela- 
ting to the agi'eement, the subject of international reclamation."' 

As it did not appear that the claimants had ever appealed to the 
Venezuelan courts, a majority of the commission, consisting of Messrs. 
Findlay and Andrade, held that they had no standing before the 
commission. In this relation thev said : 



« See Mr. Blaino to Mr. Loring. Nov. 30, 1889, supra, 297. 
6 Moore, Int. Arbitrations, III. 2318. 



§ 918.] CONTKACTUAL RENUNCIATIONS. 303 

" Nothing could be clearer, more comprehensive, or si^ecific than 
the language of the concession upon this point. Even when such 
questions were transferred for adjudication by her [Venezuela's] 
courts, such was her anxiety to avoid any possible international 
entanglement, that she resorted to the doubtful expedient, perhaps, 
of providing that the decision of her courts should not be drawn in 
question by foreign intervention. Whether a decision so made in 
palpable violation of the rights of the parties could be allowed to 
stand on a claim of denial of justice is a question not necessary for 
the decision of this case, but we should think it more than doubtful." 

Judge Little, dissenting, said : 

" The majority of the commission express doubt whether that part 
of article 20 which binds the American concessionaires not to make 
a judgment, etc., the subject of an international claim is valid. I 
Avould go further, applying the objection to and holding invalid all 
that part inhibiting international reclamations. I do not believe a 
contract between a sovereign and a citizen of a foreign country not 
to make matters of difference or dispute, arising out of an agreement 
between them or out of anything else, the subject of an international 
claim, is consonant with sound public policy, or within their com- 
petence. It would involve pro tanto a modification or suspension of 
the public law, and enable the sovereign in that instance to disregard 
his duty towards the citizen's own government. If a state may do so 
in a single instance, it may in all cases. By this means it could easily 
avoid a most important part of its international obligations. It 
would only have to provide by law that all contracts made within its 
jurisdiction should be subject to such inhibitory condition. For such 
a law, if valid, would form a part of every contract therein made as 
fully as if expressed in terms upon its face. Thus we should have 
the spectacle of a state modifying the international law relative to 
itself I The statement of the proposition is its own refutation. The 
consent of the foreign citizens concerned can, in my belief, make no 
difference — confer no such authority. Such language as is employed 
in art. 20 contemplates the potential doing of .that by the sovereign 
towards the foreign citizen for which an international reclamation 
may rightfully be made under ordinary circumstances. AMienever 
that situation arises, that is, whenever a wrong occurs of such a 
character as to justify diplomatic interference, the government of 
the citizen at once becomes a party concerned. Its rights and obli- 
gations in the premises can not be affected by any precedent agree- 
ment to which it is not a party. Its obligation to protect its own 
citizen is inalienable. He, in my judgment, can no more contract 
against it than he can against municipal protection.'' " 

The claim having been dismissed, the claimants, after the adjonrn- 



a Moore, Int. Arbitrations, IV. 3564-3567. 



304 INTERVENTION. [§ 918. 

iiKMit of the commission, again invoked the intervention of the United 
States. The answer of the Department of State has heretofore been 
jriven." 

Snbs(Miuently, the case was laid Ik? fore the mixed commission under 
the protocol l)etween the United States and Venezuela of Feb. 17, 
15)08. The American and Venezuelan commissioners differed, Mr. 
Hainbridge, the American commissioner, maintaining the same posi- 
tion as had been held by Judge Little, whose words he quoted. The 
case was then referred to Mr. Charles Augustinus Henri Barge, of 
Holland, the umpire of the commission. As it still did not appear that 
the claimants had appealed to the Venezuelan courts for a decision 
on the question of liability, Mr. Barge held, October 2, 1903, that they 
were not as yet entitled to apply to the commission, and dismissed the 
claim " without prejudice on its merits." He construed art 20 of the 
contract as constituting, till an application should have been made to 
the Venezuelan courts, a waiver of the right to appeal to other judges, 
'' except naturally," he added, "" in case of denial or unjust delay of 
justice, which was not only not proved, but not even alleged." He 
thus admitted that a denial of justice would have justified the commis- 
sion in taking jurisdiction of the claim; and he also expressly 
declared : **A contract between a sovereign and a citizen of a foreign 
country can never impede the right of the government of that citizen 
to make international reclamation, wherever according to interna- 
tional law it has the right or even the duty to do so, as its rights and 
obligations can not be affected by any precedent agreement to which 
it is not a party." This did not, however, as he maintained, " inter- 
fere with the right of a citizen to pledge to any other party that he, 
the c(mtractor, in disputes upon certain matters will never appeal to 
other judges than to those designated by the agreement, nor with his 
obligation to keep this ])romise when pledged, leaving untouched the 
right of his government to make his case an object of international 
claim whenever it thinks proper to do so, and not impeaching his own 
right to look to his govermnent for protection of his rights in case of 
denial or unjust dela^' of justice by the contractually designated 
judges." ^ 

The effect of the renunciatory clause was again considered by Mr. 
Barge in the case of the Rudloffs, with results altogether favorable 
to the claimants. In this case a claim was made for damages for 
the l)reach by the Venezuelan government of a contract for the 
construction i)y claimants of a market house at Caracas. Art. 12 of 
the contract provided: 

" The doubts and controversies that may arise on account of this 

1 Mr. Hay to Mr. Woodruff. Nov. 2S, liXK), supra, :iO(y-?>0'\. 

ft Venezuelan .Vrhitrations of 190.'J, Ralston and Doyle's Report, S. Doc. 316, 
58 Cong. 2 sess. ir.l, ir».S-lGl. 



§918.] CONTRACTUAL RENUNCIATIONS. 305 

contract shall he decided by the competent tribunals of the republic 
in conformity with the laws and shall not give reason for any inter- 
national reclamations." 

In this case a suit had actually been brought by the claimants and 
was still pending in the Venezuelan courts. Nevertheless, Mr. Barge, 
on Xov. 4, 1908, held that the renunciatory clause " l|^ itself does not 
withdraw the claims based on such a contract from the jurisdiction 
of this commission, because it does not deprive them of any of the 
essential qualities that constitute the character which gives the right 
to appeal to this commission," and that it was open to the commission 
to determine whether, under all the circumstances of the case, the 
" absolute equity," which, according to the protocol, was to be the rule 
of decision, did not justify the assertion of jurisdiction." On similar 
grounds he also rejected the contention of the agent of Venezuela 
that jurisdiction could not be asserted because by art. 216 of the 
Venezuelan civil code one party to a suit pending in court could not 
withdraw it without the consent of the other party, which consent 
had not in the present case been given. An award was subsequently 
made in favor of the claimants for $75,745, United States gold.'' 

The question as to the effect of the renunciatory clause was next 
raised before Mr. Barge in the case of the American Electric and 
Manufacturing Co. against Venezuela, which was decided on Nov. 
18. 1903. Art. 10 of the contract with the Venezuelan government 
in this case provided : 

" Doubts and controversies that may arise in consequence of this 
contract shall be settled by the courts of the republic in conformity 
with its law." 

It appeared, however, that the real ground of the company's claim 
of damage was not any troul)le arising out of the contract, but was 
the failure of the Venezuelan government to keep an alleged inde- 
pendent promise to abrogate a prior and inconsistent concession given 
to another company. Mr. Barge therefore held that art. 10 did not 
affect the question of jurisdiction. Proceeding then to dispose of the 
claim on its merits, he found that there was no i)r()of of the alleged 
promise, and that, if such a promise had been given, it would have 
been illegal; and on these grounds he disallowed the claim.'' 

The application by Mr. Barge of the rule of '' absolute equity " to 
the circumstances of the case led him on Feb. '20, 1904. to disallow the 



"Art. 1 of the protocol provided : " The coinniisioners, or, in case of their 
disagreement, the umpire, shall decide all claims upon a l)asis of ai)S()lute 
equity, without regard to objections of a technical nature, or of the provisions 
of local legislation." 

6 Venezuelan Arbitrations of 1!X»3, 182, 183-200. 

c Venezuelan Arbitrations of V.nr.i. 248. 

H. Doc. 551— vol G 20 



306 INTERVENTION. f§ 018. 

grroater part of tho claim of the Orinoco Steamship Company ajjainst 
Vonezuehi. Art. 14 of the comj^any's concession read: 

•• I)is})utes and controversies which may arise with regard to the 
interpretation or execntion of this contract shall lx» resolved by the 
tribunals of the repul)lic in accordance with the laws of the nation, 
and shall not in any case be considered as a motive for international 
reclamations." 

Mr. Bar<re declared that the company had repeatedly invoked the 
intervention of the governments of (ireat Britain and the United 
States, without ever resorting to the Venezuelan courts; that the 
British government, while saying that its "general international 
I'ights "' were " in no wise modified " by the renunciatory clause, had 
held that the action of the company in agreeing to art. 14 was an 
element to be taken into consideration in acting ujxju the application 
for intervention: that, although it was alleged by the comj)anv that 
the matter at issue was not a doubt or controversy relating to the 
interpretation or execution of the contract, but was the conduct of the 
Venezuelan government in annulling, by a dishonest and cunning 
trick, the entire concession, yet, in reality, '* the only question at issue 
was whether in art. 12, in connection with art. G, a concession for 
exclusive navigation was given or not — ergo, a question of doubt and 
controversy about the interpretation: " and that the rule of " absolute 
e<iuity " could not permit a contract to be made "a chain for one i)arty 
and a screw press for the other."" 

The last case in which the renunciatory clause was discussed by Mr. 
Barge was that of (ieorge Turnbull et al., who presented petitions on 
account of the Manoa Company (Limited) and the Orinoco Company 
(Limited) against Venezuela. The contracts in this case contained 
the following clause: 

'*Art. 11. Any (juestions or controversies which may arise out of 
this contract shall be decided in conformity with the laws of the 
rej)ublic and 1)V the competent tribunals of the republic." 

Mr. Barge, finding that there had been no application In' the claim- 
ants to the Venezuelan courts, disallowed the claim. His decision was 
i-endcred on April I'J. 11>04. The terms in which it denied a remedy 
to claimants were far more sweeping than those employed by him 
two months before in the case of the Orinoco Steamship Company, 
and were in fact siV-h as to preclude altogether the exercise of the 
equital)le jurisdiction which he had asserted in still earlier cases and 
which, six months before, actually produced an award in favor of 
claimants in the Kudlotl' case. In a word, he (leclan'd in the Turnbull 
case that, as the claimants had "deliberately contracted themselves 
out of any interpretation of the contract and out of any judgment 



a Venezuelan Arbitrations of 1903, 90-91. 



§ 918.] CONTRACTUAL RENUNCIATIONS. 307 

about the ground for damages for reason of the contract, except by 
the judges designed [designated?] by the contract," they had, in the 
absence of a decision by those judges that " the alleged reasons for 
a claim for damages really exist," "no right to these damages, and 
a claim for damages which parties have no right to claim can not be 
accepted."" It may te superfluous to remark that, according to this 
view, there can be no room whatever for international action, in dip- 
lomatic, arbitral, or other form, where the renunciatory clause exists, 
unless indeed to secure the execution of the judgment of a local court 
favorable to the claimant; for, if the parties have "'no right to claim" 
damages which the local courts have not found to be due, it is obvious 
that international action of any kind would be as inadmissible where 
there had been an adverse judgment, no matter how unjust it might 
be, as where there had been no judgment whatever. 

In connection with these expressions of opinion of the learned 
umpire, it is material to consider what was done by the concurrent 
action of the commis!?ioners themselves in certain cases. 

In the case of the Coro and La Vela Railway and Improvement 
Company damages were claimed for a violation of rights under a 
contract. The concession contained the following clause : 

"Art. 11. Any doubt or controversy that may arise in the interpre- 
tation and execution of this contract will be decided by the ordinary 
tribunals of the republic, and in no case or for any motive will any 
international claims be admitted on account of this concession." 

In this case jurisdiction was exercised, the Venezuelan commis- 
sioner, with the concurrence of his American colleague, rendering, 
on July 1, 1903, an award of $01,104.70 in favor of the claimant.'' 

A similar article, bearing the same number, was contained in the 
concession in the case of Virgilio del Genovese, in which an award of 
$70,088.28 was, on Oct. 2, 1903, made in favor of the claimant. The 
Venezuelan agent raised no question as to the effect of the clause, nor 
did the Venezuelan commissioner, who wrote the opinion in the case, 
although he discussed several other clauses of the contract.*' 

In the case of La Ouaira Electric liight & Power Company, the 
connnission, speaking through Bainbridge, United States commis- 
sioner, the opinion being also signed by Paul, Venezuelan connnis- 
sioner, on October 2, 1903, dismissed without prejudice a claim made 
against Venezuela on account of a breach of contract by a municipal 
corporation. The commission held that the claim was one against 
the corporation and not against the general government, but added : 
"The case is very ditferent from one in which the government itself 
has violated a contract to which it is a party. In such a case the 



« Venezuelan Arbitrations of 190.S, 244-24.5. 

t> Morris's Report. (iO-70. 

c Venezuelan Arbitrations of 1903, 174. 



308 INTERVENTION. [§ 918. 

jurisdiction of the commission under the terms of the protocol is 
hevoiul question.'"" 

In Sehvvn's case, Ijefore the British-Venezuelan commission, under 
Ihe protocol between Great Britain and Venezuela of Feb. 13, 1903, 
objection was made by Venezuela to the jurisdiction of the commis- 
sion on the i^rounds (1) that a suit by claimant against the Vene- 
zuelan government, based on the same cause of action, was then 
actually pending in the local courts; (*2) that the contract between 
the government and claimant provided that "any doubts and con- 
troversies," etc., should be '* settled by the tribunals of the Republic "' 
and should never in any case be the subject of an international claim, 
and (8) that contract claims were not submitted to the connnission. 
As to the first objection, Plumley, innpire, held that the jurisdiction 
of the connnission under the i)rotocol was not affected by the pend- 
ency of the suit in the local courts. The second and third objections 
he disposed of together by finding that the fundamental ground of 
the claim was " that the claimant was deprived of valuable rights, of 
moneys, properties, property, and rights of property by an act of the 
government which he was powerless to prevent and for which he 
claims reimbursement." How much of the claim came under this 
head he did not deem it necessary to consider, since, as the matter 
fundamentally was not one of contract, the second and third objec- 
tions to jurisdiction were inapplicable.'' 

In Martini's case, l)efore the Italian- Venezuelan commission, under 
the protocol between Italy and Venezuela of Feb. 13, 1903, the agent 
of Venezuela interposed a preliminary objection to the jurisdiction, 
on the ground that the contract in the case contained the following 
clause : 

"Art. ir». The doubts or controversies which may arise as to the 
interpretation and execution of the present contract shall be resolved 
by the tribunals of the republic, conformably to the laws, and shall 
in no case afford ground for international claims.'' 

Kalston. umpire, held that, even if the claim before him could be 
considered as embraced within the terms "doubts or controversies 
which may arise as to the interpretation and execution of the present 
contract," the objection might be disposed of by a single consideration, 
which he stated as follows: 

" Italy and Venezuela, by their respective governments, have agreed 
to sul)mit to the determination of this mixed connnission the claims 
of Italian citizens against Venezuela, "^rhe right of a sovereign 
power to enter into an agreement of this kind is entirely superior 
to that of the subject to contract it away. It was, in the judgment 

a Venezuoliin Arbitrations of 190.S, 178. 182. 
6 Veuezuelan Arbitrations of 1903, 322-327. 



§ 919- ] LEGISLATIVE LIMITATIONS. 309 

of the umpire, entirely beyond the power of an Italian subject to 
extinguish the superior right of his nation, and it is not to be 
presumed that Venezuela understood that he had done so. But aside 
from this, Venezuela and Italy have agreed that there shall be sub- 
stituted for national forums, which, with or without contract between 
the parties, may have had jurisdiction over the subject-matter, an 
international forum, to whose determination they fully agree to bow. 
To say now that this claim must be rejected for lack of jurisdiction 
in the mixed commission would be equi\*alent to claiming that not 
all Italian claims were referred to it, but only such Italian claims as 
have not been contracted about previously, and in this manner and 
to this extent only the protocol could be maintained. The umpire 
can not accept an interpretation that by indirection would change the 
plain language of the protocol under which he acts and cause him 
to reject claims legally well founded." * 

(2) BY LEGISLATION. 

§ 919. 

" This Department has no doubt that the object and the effect of the 

ninth article of the treatv of 1831 was to exempt 
Mexican matricu- ,i •,• n , ^ jj i 

the citizens or one party ironi compulsory service 

in the military or naval service of the other. Sup- 
posing the fact of citizenship in any i^articular case to be acknow- 
ledged, the exemption must be insisted upon, including also any tax 
which may be imposed in lieu of that service. The question then 
occurs what proof of citizenship is either government warranted in 
requiring. The treaty being silent on this point, it is left for regu- 
lation l)y the municipal laws of the parties, which must be acquiesced 
in unless their purpose and effect should be to thwart a plain stipula- 
tion of the treaty. The Mexican law requiring the matriculation or 
registration of foreigners can scarcely be said to be of this character. 
Citizenship is a fact which, like others, inav be proved by oral or doc- 
umentary testimony. If the latter should be offered, the highest of 
'this character would be a passport from the Mexican foreign office or 
from this Department. A passport is virtually a mere certificate of 
citizenship. It implies that the Department from which it may ema- 
nate has itself considered the evidence of the fact which it proposes to 
establish, and has decided accordingly. A passport may also issue 
from the legation, and ma;y be presumed to be granted upon similar 
considerations. 

" Upon the whole the Department is inclined to the opinion that the 
requirement of matriculation, as it is called by the Mexican govorn- 



o Venezuelan Arbitrations of 1903, 840-841. 



310 INTERVENTION. [^ 91^. 

ment, is not illeofal, nor, under the circumstances, unduly oppressive 
in form, and can not properly he ])rotested a«^ainst generally or in any 
particular case, unless unusual or unattainable proof of citizenship 
should l>e required.'' 

Mr. Fisli, Sec. of State, to Mr. Foster, niln. to Mexico, No. 43, Oct. 31, 

1873, MS. Inst. Mexico. XIX. 37. 
See, supra, § 48.3. 

" Your despatch No. 801 of the 9th ultimo has been received. It 
relates to the claim of the Batopilas Mining Company. This, it 
appears, has been rejected, but for reasons which can not be regarded 
as satisfactory. Conceding, as is alleged in the note of Mr. Lafragua 
to you of the 81st of May last, that Mr. Robinson, the agent of the 
company, was not registered in the Mexican foreign office as a citi- 
zen of the United States, and that the company itself was not regis- 
tered, as required, the Mexican government must not suppose that 
we can acquiesce in the injuries inflicted in this case merely on ac- 
count of the omissions adverted to. Indeed, such an acquiesence 
would imply an acknowledgment on our part that by municipal laws 
the Mexican government can deprive citizens of the United States 
of their rights under treaties and international law, a pretension 
which can not be allowed to any government. It must not from this, 
however, be inferred that this government would counsel or justify, 
in the abstract, any disregard of the laws of Mexico by a citizen of 
the United States. On the contrary, we would prefer that the re- 
(piirements of those laws should be complied with. It is only when 
tlie etfect of their administration becomes tantamount to the infliction 
of the exorbitant penalty of denationalizing a citizen or an asso- 
ciation that we deem ourselves warranted in protesting against such 
a course. That government nuiy have sufficient reasons for enacting 
the hiws referred to, and if a disregard of them, either accidental 
or willful, were to be visited with a punishment proportionate to the 
offence no one could reasonably complain." 

.Mr. Fisli. Soc. of State, to Mr. Foster, iniii. to Mexico. No. 241. .Tul.v l.'», 

187."». MS. Inst. Mexico. XIX. 21(K 
S«4>. to tlic same effect. Mr. Fisli. Sec. of State, to Mr. Russ(>ll. niin. to 

Venezuela. No. 14, Sept. IH. 1S74. .MS. Inst. Venezuela. II. 2<i2. as to 

laws attempting to exclude tlie resort by forelKuers to the diplouiatic 

intervention of tlK'ir Kovernments. 

The instructions given by Mr. Fish with regard to matriculation 
were repeated by his successor, Mr. Evarts, with some explanation. 
Mr. Evarts said that the view that the requirement of matriculation 
was not at variance with treaties or public law migjit l3e concurred 
in so far as it applied to American citizens domiciled in Mexico, but 



§919-] LEGISLATIVE LTMITATIOKS. 811 

that its application to travelers or temporary sojourners seemed to 
be unreasonable and should be protested against. Xor could the pre- 
tension of the Mexican government to ignore the passport of the 
])ej)artment of State and to require in the case of naturalized citi- 
zens of the United States an inspection of the certificate of natu- 
ralization be acquiesced in. The ^lexican government was to be 
apprised that it would be held accountable for any injury to a citizen 
of the United States which nught be occasioned i)y a refusal to 
treat the passport of the Department as sufficient proof of nation- 
ality. The assumption of the Mexican govennnent of a right t(; 
inspect and decide upon the validity of certificates of naturalization, 
issued by the various courts in the United States, instead of receiving 
the proof afi'orded by a passport of the Department of State must 
be regarded as wanting in proper courtesy to a friendly power. 
Besides, there were many citizens of the United States who were not 
naturalized in the ordinary way, such as the inhabitants of annexed 
territories. Such citizens were not native born, nor would they have 
any certificate of naturalization, and the only guarantee of their 
American nationality would be their passport. 

Mr. Evarts. Sec. of State, to Mr. Foster, iiiin. to Mexico. Xo. <>42, June 
!<;. ISTlt, MS. Inst. Mexico. XIX. 50.3. 

" You will please say to the minister for foreign affairs that if the 
intervention of the United States in favor of Americans imprisoned 
is refused only because they are not matriculated, that the President 
expects such citizens to l)e now allowed to matriculate. And you are 
authorized to advance the requisite funds. Please send the names of 
prisoners and why imprisoned."' 

Mr. Frelinfrhuysen, Sec. of State, t<i Mr. Morgan, miu. to Mexico, tel., 
Ai)ril 12, 1882, (juoted in Mr. Frelinghuysen to .Mr. Morjran, Xo. 2."S. 
April 21, 1882, MS. Inst. Mex. XX. 442. 

July 24, 1882, Mr. Frelinghuysen addressed to the American min- 
ister at Mexico a long instruction concerning the refusal to accei)t the 
interposition of the legation in regard to the nuirder of Mr. and Mrs. 
Thomas Gartrell, near the city of Durango. because they were not 
matriculated as American citizens. Mr. Frelinghuysen reviewed the 
subject at length. He was not. he said, disposed to question the con- 
venience of matriculation as evidencing the right of foreigners resi- 
dent in Mexico to certain civil and domiciliary rights prescribed 
under .the Mexican law, but he (juesticmed the claim of ^h'xico •' to 
debar from the protection of their own Government citizens of the 
United States who may be temjKirarily in Mexico and who have ikm 
matriculated." He maintained that, as the reciprocal rights of alio 
giance and protection were not created by the laws of any foreign 



312 INTERVENTION. [§^19- 

count IV, tlu'v could not be denied by the municipal law of a foreign 

State. 

Mr. Frolinnhuyson, Sec. of State, to Mr. Morjjan, iiiin. to Mexico, No. 298, 

July 24. 1S82, For. Rel. 1882, 304. 
In tlie sul»se<iueiit casp of Howard C. Walker, an American citizen, 
imprisoned at Minatitlan, Mr. Frelinghiiysen said that until Mexico 
should meet the argument as to matriculation on such a basis as the 
Fnittsl States mifiht accept with due regard to its ri}?ht to protwt 
its citizens abroad, the lepition was to "continue to ignore the 
Mexican contention that a failure to matriculate necessarily debars 
a citizen of the United States from the assistance of its diplomatic 
representative at the Mexican capital." (Mr. Frelinghuysen, Sec. of 
State, to Mr. Morgan, No. 59.'), June 23, 1884, For. Rel. 1884, 309.) 

" I have to acknowledge the receipt of A^our No. 062, of the 12th 
ultimo, in reply to the inquiries of this Department respecting the 
matriculation laws of Mexico. The Department has read Avith inter- 
est your careful review of the subject. It appears that matriculation 
of foreigners consists in registering their names and nationality in 
the foreign office of Mexico. 

" The Mexican government contends that the national character 
of the foreigner is proved by this matricidation, which entitles him 
to sj)ecial j)rivileges and obligations, called the rights of foreigners. 
These are ( 1) the right to invoke the treaties and conventions existing 
between his country and Mexico; (2) the right to seek the protection 
of his own government. 

" They further contend that the want of a certificate of matricula- 
tion will be considered sufficient to deny to this government the right 
of dij)l()nuitic intervention in any case. 

"Against this contention this government protests as an interfer- 
ence in its relations to its citizens. The government of the United 
States recognizes the right of Mexico to prescribe the reasonable con- 
ditions upon which foreigners may reside within her territory, and 
the duty of American citizens there to obey the municipal laws; but 
those laws can not disturb or affect the relationship existing at all 
times between this government and one of its citizens. The duty is 
always incumbent upon a government to exercise a just and proper 
guardianship over its citizens, whether at home or abroad. A munic- 
ipal act of another state can not abridge this duty, nor is such an 
act countenanced by the law or usage of nations. No country is 
exempted from the necessity of examining into the correctness of its 
own acts. A sovereign who (lej)arts from the principles of pui)lic 
law can not find excuse therefor in his own municipal code. This 
government. l)eing firndy convinced that the position of the Mexican 
government is unteiud)le, can not assent to it. 

'• You w ill so inform the minister for foreign afl'airs in such form 
as you may deem proper." 



§919.] LEGISLATIVE LIMITATIONS. 313 

Mr. Frolinghuysen Sec. of State, to Mr. Morgan, iiiin. to Mex., No. 732, 

Feb. 17, 1885, For. Rel. 1885, 575. 
For Mr. Morgan's No. 002, reix)rting on the law of niatricnlation, Bee 

For. Rel. 1885, 571-575. 
See, as to tbe case of Thomas Monahan, Mr. Frellnghuysen. Sec. of State, 

to Mr. Morgan, iiiin. to Mexico, No. 098, Dec. 20, 1884. For. Rel. 

1885, 570. 

" There may arise two difficulties, as you will readily understand, 
in the way of presenting this case hopefully to the Government of 
Mexico : 

" First. That E may not be matriculated as an American citi- 
zen. If not so registered, Mexico may, as usual, deny the right of 
this government to intervene diplomatically in his behalf. Although 
our position on this point is well understood by Mexico, and is that a 
Mexican municipal law can not abridge the right of a foreign gov- 
ernment to protect one of its citizens in case of need, that government 
frequently sets up the plea of non-maltriculation, and thereby seeks to 
neutralize the duty of this government towards a citizen. 

" Second. By the terms of railroad grants in Mexico, it is believed 
that officers and employes of the roads, within Mexican territory, are 
declared amenable to the laws as Mexicans^ and are inhibited from 
pleading rights of alien protection and usage, even if matriculated . 
Their taking such service in Mexico is there deemed to be a contract, 
a condition of which is the surrender by them of the right to claim 
the protection of their own government. I am not prepared to admit 
that such a waiver annuls the relation of the citizen of his own gov- 
ernment, and I certainly can not think that it extinguishes the obliga- 
tion of this government to protect its citizens in Mexico in the event 
of a denial of justice. Giving the contract its fullest scope, it can 
certainly mean no more than that the persons so bound are admitted 
to be entitled to justice in Mexico in lieu of the broader claim to in- 
ternational justice, and in case a denial of justice the obligation of 
this government to protect them remains unimpaired." 

Mr. Rayard. Sec. of State, to Mr. Morgan, luin. to Mexico. May 2(5, 188.5. 

MS. Inst. Mex. XXL 207. 
The United States has never admitted the position of the (Jovernment of 

Mexico that the fallnre of an American citizen to i)e matriculated as 

such deprives him of the right of diplomatic intervention. (Mr. 

Bayard, Sec. of State, to Mr. Howe, May 8, 1885, 155 MS. Doir. 

Let. 323.) 

By a note dated June 10, 1880, Mr. Romero, minister from Mexico, 
informed Mr. Bayard, Secretary of State, that " the laws which pic- 
scribed the matriculation of foreigners " have been repealed. '' Icavintr 
it optional with foreigners residing in Mexico to request a certificate 



314 INTERVENTION. [§919. 

of their nationality, which will be issued to them by the secretary 
of foreign relations." 

MS. Notes from Me.xican Log. 

'• I am in receipt of a coj\v of the law of '28th May, sent hither by 
the Ignited States legation in Mexico, and a perusal of its text con- 
firms the gratifying impression conveyed by your note, that the sub- 
stitution of an optional registraticm of foreigners as presumj)tive 
evidence of their status, in place of compulsory nuitriculation as the 
sole condition of proving alien status in Mexico, and enjoying inter- 
national rights pertaining to such status, will remove the grounds 
of complaint which have heretofore obstructed the friendly consid- 
eration of international questions by the two governments. 

" I observe, however, that the same section, the 89th, to which you 
refer, provides that ' the definite proof of determinate nationality 
shall he made before the competent courts and by the means estab- 
lished by the laws or treaties.'' Reserving the j)oint until it shall be 
better understood, I may express my confidence that nothing in Mexi- 
can domestic legislation or in the judicial proceedings thereunder 
will be found calculated to impair, as the compulsory system of 
matriculation has heretofore appeared to do, the reciprocal right and 
duty of a citizen of the United States in respect of the national pro- 
tection to which he is entitled and the allegiance he owes." 

Mr. Bayard, Sec. of State, to Mr. Romero. .Tune 10. 1880. For. Rel. lasfi. 
732. 

" I have the honor to transmit herewith inclosed coij.v and translation of 
the Mexican law of foreigners and naturalization, published in the 
Diario Ofirial of 7tli instant. 

" From article 39 you will jierceive that the laws which established the 
matriculation of foreigners have been repealed. Still, these cer- 
tificates of matriculation tiiay he issued. 

" The inclose<t law does not embrace all the rights and obligations of 
foreigners, as will be seen by reference to the ' Derecho Internacional 
Mexicano, Tercera Parte,' from page .SCd) to 421." (Mr. Morgan, 
min. to Mexico, to Mr. Bayard, Sec. of State, No. 241, .Tune 10, 1880, 
P'or. Bel. 1880. <;.-)2.) 

As to limitations on foreigners in M<'xico, set? Consular Reports, 188.3, X. 
<W8 et seq. 

" Hy article 28, chapter iii [of the Salvadorean law of September 
20, 188(')], it is provided that matriculation concedes 
Salvadorean Btat- privileges and imposes special obligations, which are 
called by the laws of the republic ' the rights of for- 
eigners.' These rights of foreigners, as stated in article 21) of the 
same chapter, are as follows: 

'* 1. To a])peal to the treaties and conventions existing between 
Salvador and their respective governments. 



§919.] LEGISLATIVE LIMITATIONS. 315 

" 2. To have recourse to the protection of their sovereign through 
the medium of diplomatic representation. 

" 3. The benefit of reciprocity. 

" Unless a foreigner possesses a certificate of matriculation no 
authority or public functionary of Salvador, as has been seen, is per- 
mitted to concede to him any of these rights; and it is further pro- 
vided in article 27 of the chapter in question that the certificate of 
matriculation shall not operate retroactively upon a claim of right 
arising anterior to the date of matriculation. . . . 

" Thus, by making the compliance of a foreigner with a municipal 
regulation a condition precedent to the recognition of his national 
character, the Salvadorean government not only assumes to be the 
sole judge of his status, but also imposes upon him as the penalty of 
noncompliance a virtual loss of citizenship. 

" Nothing would seem to be required beyond the mere statement 
of these propositions, fully sustained as they appear to be by the 
context of the law in question, to confirm the conviction that its 
enforcement would give rise to continual and probably grave contro- 
versies. Such has been the result of the occasional attempts elsewhere 
than Salvador to enforce similar regulations, and such would seem 
to be the necessary result of the attempt of particular governments 
to enforce laws which operate as a restriction upon the exercise and 
performance both by states and by citizens of their relative rights 
and duties, according to the generally accepted rules of international 
intercourse. Such intercourse should always be characterized by the 
utmost confidence in the good faith of nations, and by the careful 
abstinence of each from the adoption of measures which, by operating 
as a special restriction upon the action of other governments in mat- 
ters in which the}'^ have an important if not the chief concern, seem 
to imply distrust of their intentions. It is proper to observe that the 
government of Mexico, guided by the experience of an ample trial 
of her law of matriculation, modified it in June last by the rei)eal of 
those provisions which made the matriculation of foreigners compul- 
sory and a condition of the exercise of their right of appeal to their 
governments. . . . 

" The effect of the Salvadorean statute in question is to invest the 
officials of that government with sole discretion and exclusive author- 
ity to determine conclusively all questions of American citizenship 
within their territory. This is in contravention of treaty right and 
the rules of international law and usage, and would be an abrogation 
of its sovereign duty towards its citizens in foreign lands, to which 
this government has never given assent."' 

Mr. Bayard, Sec. of State, to Mr. Hall, niin. to Cent. Am.. Nov. 'JU. isst;. 
For. Rel. 1887, 78. 



316 INTERVENTION. [§919. 

"lie [the Salvadorean minister of foreign affairs] concludes, however, 
with the information that the subje<'t will l)e brought to the notice of 
the legislature of Salvador at its next session, with the object, it may 
be supiK)sed. of i)roiH)sing some amendments to the law. In the 
meantime I learn that the government has taken no steps to carry 
, out the law." (Mr. Hall. min. to Cent. Am., to Mr. Bayard, Sec. of 

State, No. 041, April 11, 1887, For. Rel. 1887, 110, 111.) 

'* 1 liave to acknowledge the receipt of your despatch number 2444 
of the 13th instant, enclosing copies of corresiX)ndence 
c^b " TsbV" h<}\d by you with the judge advocate of the special 
military court of inquiry and with the secretary of 
the general government in relation to the arrest of Jose Maria 
Aguirre. You call particular attention to that part of the letter of 
the judge advocate requesting to be informed if the formalities of 
registration in the consulate-general prescribed by Cuban law have 
l)een complied with by Mr. Aguirre, and state that you have noticed 
a <lisposition on the part of the Cuban authorities in dealing with this 
and other similar cases to give greater weight to local laws and regu- 
lations relating to foreigners than to the agreement of January 12, 
1S77. 

" In reply I have to say that while it may be expected that citizens 
of the United States sojourning in a foreign state shall comply with 
reasonable local requirements of registration, omission to do so 
can not vitiate their right to protection as citizens by their own 
government in case of need. 

" Citizenship is a fact, of which the citizen's country is the authori- 
tative judge under its own laws regarding naturalization and na- 
tionality, and its certification of that fact, by pas.sport, imports a 
verity which the foreign government is bound prima facie to admit 
in executing any treaty obligations with regard to such citizens. 
The protocol of 1877 is an international compact and in fulfilling its 
<)l>ligations Sixain can ask no more than the establishment of the 
fact of American citizenship according to due form of law, such fact 
to l)e attested by the competent authority of the United States. 
You have furni.shed the evidence desired, and mere failure to comply 
with the formalities of local registration, if indeed there should have 
been such failure, could not impeach the validity of this Govern- 
ment's attestation of the person's citizenship." 

Mr. (Jresham, Se<\ of State, to Mr. Williams, consul-general at Havana, 
No. l(»r,7. March 21, 1895, 147 MS. Inst. Consuls, 676. 

" The Department has Ijeen advi.sed by our consul at Matanzas 
that the governor of that province has issued an order requiring all 
foreigners in the province, resident or transient, to l>e registered at 
civil heachpiarters by February 15, 1896, under penalty of being con- 
sidered immigrants. 



§919.] LEGISLATIVE LIMITATIONS. 317 

" In an interview the governor gave the consul to understand tliat 
Americans not registered who got into trouble would not be recog- 
nized as citizens of the United States. The consul pointed out that 
under our treaties with Spain our citizens were entitled to full and 
ample protection whether they were registered or not. 

" The Department has approved the position taken by our consul, 
and it is hoped that the governor will not consider American citi- 
zens who have not registered as debarred from the protection of their 
own government. 

*' The government of the United States is not disposed to question 
the right of the Spanish authorities to demand that our citizens shall 
register, as evidence of their right to certain privileges and immu- 
nities while residing in the Island of Cuba, but it does question their 
right to debar from the protection of their own government citizens 
of the United States who may not have so registered. 

" The status of a foreigner is, under international law, inherent, 
and neither created nor destroyed by Cuban law. 

" The evidence of the foreign status of an individual consists of the 
facts as they exist, or of the authentic certification of his own gov- 
ernment, as in the form of a passport; it does not originate in the 
compliance with a Cuban municipal statute. 

" The above principles are so thoroughly established in inter- 
national law that it seems unnecessary to more than refer to them 
briefly here." 

Mr. Olney, Sec. of State, to Mr. Dupuy de Lome. Spanish luin., Feb. 17, 
1896, For. Rel. 1890, 077. 

Mr. Dupuy de Lome, replying, Feb, 18, 1896, declared that, upon the 
proposition " that the interior or municipal laws can not modify the 
obligations which spring from international law," he was in accord 
with the opinion above expres.sed. He suggested that the governor 
of Matanzas " must have intended to say that it would be very diffi- 
cult to accord to the citizens of the United States the privileged ix)si- 
tion in which they are set by the protocol of 1877 if they do not com- 
ply with the laws which facilitate their recognition as such." (For. 
Rel. *1896, 678.) 

It appeared that the United States consul-general at Havana had. on 
Sept. 7. 1895. instructed the consuls witliin his jurisdiction to in- 
form all duly registered American citizens that they should obtain 
the necessary personal certificates of identification as American 
citizens from the proper civil authorities of tlieir respective dis- 
tricts. (Mr. Olney, Sec. of State, to Mr. Dupuy de Lome. Span, min., 
March 12, 1890, For. Rel. ISm. 079.) 

Although the Spanish minister concurre<l in the views expressed in Mr. 
Olney's note of the 17th of February, General Weyler, as governor- 
-general of Cuba, issued under date of .July 14. 1890. an order which, 
after requiring all foreigners to l>e registered within one month, de- 
clared that all who failed to do so could not after that term " involve 
the rights uud privileges grunted to them by our lawd." General 



318 INTERVENTION. [§919. 

Weyler justified the decree on the ground that it referred only to 
rights under municipal law which the government offering hospitality 
to a foreigner might either grant or deny. The United States, how- 
ever, refused to accept this justification, declaring that the rights 
which a foreigner was entitled to enjoy neces.sarily included the 
right to invoke the municipal law so far as might be e.'^sential in 
carrying out the guarantees of international law and treaty, and that 
he could not " be excluded from the protection of the municipal law 
without violating his guaranteed rights under international law and 
treaty," the " two systems of law and the rights existing under 
them" being "inseparable." (Mr. Rockhill, acting Sec. of State, to 
Mr. Dupuy de Lome. Span, min., July 25, 1896, and Sept. 9, 1896, 
For. Rel. 1896, 680, 682.) 

B^' a decree issued by General Guzman Blanco, provisional presi- 
dent of Venezuela, of February 14, 1873, abrogat- 
■ ing the law of March 6, 1854, relative to the indem- 
nification of foreigners, it is provided (atticles 1 and 2) that per- 
sons preferring claims against the nation, whether natives or for- 
eigners, on account of damages, injuries, or seizures by national 
or state officers, either in civil or international war or in time of 
peace, shall make a formal application to the high federal court. 
In the trial of such cases the admission of oral testimony is for- 
l)idden, unless the officer who caused the damage or made the seiz- 
ure refuses to give written evidence, or unless it is impossible to 
obtain such evidence. The right is reserved to the nation to be 
reimbursed by the responsible officer or by the state to which he 
Ijelongs for any sum required to be paid by the national treasury. It 
is further provided (article 8) that any claimant who shall mani- 
festly appear to have exaggerated the amount of the damages claimed 
shall forfeit any right that he may have, and shall be liable to a fine 
of from 500 to 3,000 venezolanos, or to imprisonment for from three 
to twelve months," and that, if the claim shall appear to be wholly 
fraudulent, the guilty party shall be liable to a fine of from 1,000 to 
5,000 venezolanos, or to imprisonment from six to twenty-four 
months. The decree also provides (article 9) that '' in no case can it 
be claimed that the nation or the States are bound to grant indemnity 
for damages, injuries, or seizures that have not l^een executed by 
legally competent authorities, acting in their public capacity." Xo 
action can he brought after the lapse of two years from the time the 
damages were committed. The decree further declares that all per- 
sons not in a pul^lic capacity who shall order contributions or forced 
loans or commit acts of spoliation, as well as the persons executing 
such orders, shall l)e responsible directly and personally in their 
property to the injured party. 

By another decree of February 14, 1873, defining the rights and 
duties of foreigners, it is declared that foreigners shall enjoy in 



§ 919.] LEGISLATIVE LIMITATIONS. 319 

Venezuela the same civil rights as Venezuelans, subject only to limi- 
tations established by the constitution and special laws. The decree 
further declares (article 5) that neither domiciled nor transient for- 
eigners shall have the right to seek redress by diplomatic action 
excejDt when, having exhausted all legal recourse before the compe- 
tent authorities, it shall clearly appear that there has been a denial 
of justice, or notorious injustice, and (article 0) that foreigners shall 
not have the right to ask indemnification fi'om the government for 
losses or damages resulting from war, etc., except in cases in which 
natives of Venezuela have that right. 

For. Rel. 1883, 917-918. 

See, also, For. Rel. 1873, II. 1171. 

" Your despatch, Xo. 80, of the 7th instant, with the book contain- 
ing recent laws of Venezuela, to which it refers, has been received. 

"Article 5 of the first of the laws says that neither domiciled nor 
transient foreigners have the right to diplomatic recourse except, 
after having exhausted the legal resource, it shall clearly appear 
that there has been a denial of justice, or notorious injustice. Though 
this may. in the main, be an enactment, in the shape of a municipal, 
of a general rule of international law, its application, especially to 
foreigners in Venezuela for temporary purposes, will be so incon- 
venient as to be found impracticable. It is well known that in that 
country a person may be arrested for an imputed offence without 
probable cause and without the affidavit of the accuser. The pos- 
sibility of frivolous and unfounded charges against foreigners is 
in proportion to that antipathy to them, notorious in all countries 
ruled by the Spanish race, including Venezuela. To say that a 
foreigner so arrested must not seek relief in any way, except through 
the courts, is to require that, whatever may be his engagements at 
home or elsewhere, he must, if charged as above with an offence' 
linger in Venezuela, abide by the tardy coursi> of justice there, and 
abstain from any application to the executive government. Though 
there is not known to be a case pending in Avhich that government 
may plead the law referred to. it may \ye advisable for you to say 
informally to the proper authority that its application to citizens 
of the United States can not be acquiesced in. 

" This government can not consent to the application to citizens 
of the I'nited States of article S of the second law to which you 
refer. A law nuiking it a penal offence to overestimate a loss which 
may have been sustained, or to fail in establishing any loss, is l>e- 
lieved to be unexampled in the history of legislation, at least in 
modern times. 

" In respect to article 9, it may he said that it has been the 
policy of foreign governments generally to require of the govern- 



320 INTERVENTION. [§ 919. 

nient of Venezuela, for the time being, indemnification for lossep 
inflicted upon their citizens or subjects by insurgents, at least, un- 
less the rights of the latter as belligerents shall have been also 
acknowledged. To assume, therefore, to dictate that no clahn for 
such losses shall ever be made, may be said to he arrogant to a 
degree likely to be offensive to most governments having relations 
with a republic so subject to sudden and violent changes in its 
authorities. 

"■ I'pon the whole the enactments adverted to may be regarded as 
superfluous in their substance, and in their form by no means adapted 
lo foster confidence in the good will of that government towards 
foreigners who may resort to Venezuela."' 

Mr. Fish, Sec. of State, to .Mr. Pile, inin. to Venezuela, No. 0.3, May 29, 
1873, United States & Venezuelan Claims C'onnnission (1895), 451. 

" Tliese laws have evidently been enacted without any due sense of the 
obligations of the government of that Hepublic [Venezuela] to otlier 
governments, pursuant to public law and to treaties. The discharge 
of such obligations is sometimes irksome to tlie most stable and 
conscientious governments. It can easily be imagined, therefore, that 
one so recently establishetl in Venezuela by means such as tlie chron- 
icles of the times represent should be peculiarly reluctant to ac- 
knowledge accountability for acts of violence done by persons not 
directly in its service and known to be inimical to it. 

"This reluctance, too, is no doubt enhanced by the well-known antipathy 
of the Spanish race to foreigners generally." (Mr. Davis, Acting Sec. 
of State, to Mr. IMle, No. 70, July 2S, 1873, id. 453.) 

The Venezuelan decrees of February 14, 1873, were reenforced by 
an executive resolution promulgated February 1, 1881, by the min- 
istry of foreign relations, under the direction of President Guzman 
Blanco, by which it was declared that, as foreigners had insisted on re- 
sorting to diplonuitic intervention instead of laying their claims before 
the high federal court, claims not presented in the manner required by 
the decrees of 1878 would in future be disregarded. The decrees of 
1878 and the executive resolution of 1881 were invoked by the Vene- 
zuelan Government in 1883 in opposition to the claim of the Vene- 
zuelan Steam Transportation Company for danuiges for the seizure 
of its vessels in Venezuela in 1871, which claim the Venezuelan 
Government contended must be submitted to the high federal court. 
Tn reply, the Department of State said: "This proposition can not 
with i)r<)priety, mider any circumstances, be entertained by this 
Government, and no discussion at length will Ije entered into with 
regard to it. Aside from the fact that the laws referred to were 
enacted long after the claim had been presented to the government of 
Venezuela, the provisions limiting and restricting the complaining 
party in the j)r()(uring and adducing documentary proofs offer most 
serious obstacles to a just, fair, and impartial hearing, and the 



§ 919.] LEGISLATIVE LIMITATIONS. 321 

onerous penalties which the law visits on the claimant if he fails 
wholly or even in part in establishing his right to the amount 
claimed are quite sufficient to deter any foreign claimant, and espe- 
cially a citizen of the United States, from seeking a remedy under it." 

Mr. Frelinghuysen, Sec. of State, to Mr. Baker, min. to Venezuela, No. 
292, April 18, 1884, S. Ex. Doc. 143. 50 Coug. 1 sess. 81, 85. 

"A foreigner's right to ask and receive the protection of his gov- 
ernment does not depend upon the local law, but upon the law of his 
own country. His citizenship goes with him into whatever countrj^ 
he may visit, and the duty of his government to protect him so long 
as he does nothing to forfeit his citizenship accompanies him every- 
where. This duty his government must discharge, and it could not, 
if it would, be relieved therefrom by the fact that the municipal law 
of the country where its citizen may happen to be has seen fit to pro- 
vide under what circumstances he may be permitted to appear before 
the authorities of that country. Such a law can not control the action 
or duty of his government, for governments are bound among them- 
selves only by treaties or by the recognized law of nations, and there 
is nothing in the existing treaties between the two countries or in the 
law of nations which recognizes as pertaining to Venezuela the right 
by the enactment of a municipal law to say how, or where, or under 
what ok'cumstances the government of the United States may or may 
not ask justice in behalf of one of its own citizens. 

" It may, perhaps, be broadly admitted that when the courts of a 
country afford adequate remedy to foreigners and natives alike in case 
of wrongful treatment, resort thereto in the first instance by the 
aggrieved party may be proper ; but even in such a case the right of 
the sufferer's government to watch over the proceedings from the 
outset is inalienable. It is its duty to see at every stage that justice 
is'done, to urge full and speedy compliance with the laws, and by its 
counsel and remon.strance, its moral and material support, to advance 
the interest of its wronged citizen. 

" Mr. Wheelock's case has, however, passed far beyond the initial 
stage to which President Guzman's letter would now seek to recommit 
it. It has reached the higher i)lane of an ai)parent denial of justice. 

" The correspondence lately published shows that the departmental 
and State courts of Venezuela successively decided that no grounds 
existed for continuing the process or ordering the arrest of the com- 
missary, Sotillo, who inflicted the illegal torture upon Mr. Wheelock. 
On his excellency's own showing, this would have sufficed to dismiss 
the complaint forever, without recourse or appeal. 

"Conceding the right of this government to ask justice for its 
injured citizen, the federal government of Venezuela ordered (lie 
State government to reopen the examination. This was done and the 
H. Doc. 551— vol 6 21 



322 INTERVENTION. [§ 919. 

result was the same. Here, then, we have three faihires of justice, 
any one of which, if President (luzuian's argument Ix' admitted as 
well founded, was necessarily final. 

" B?it two years afterwards the Venezuelan government discovered 
that ' the result of the proceedings involves civil responsibilities,' and 
a fourth investigation was held, the result of which ampl}' bore out 
• the allegations of Mr. AMieelock's complaint. Warrants were issued 
for the arrest of Sotillo. who had meanwhile left the country, and 
orders were issued to confiscate Sotillo's i)roperty, which he had be- 
fore this placed out of reach of judicial embargo. 

" Now, after more than four years have passed, it is claimed that 
the resj)onsibility of Venezuela to punish the offender is met by these 
tardy and ineffectual proceedings; and, further, that the sufferer is 
wholly without civil recourse for material reparation, save such as the 
federal court nuiy find due to him from the commissary, Sotillo. 

" I may be permitted to pass over, as not meriting serious considera- 
tion or argument, the allegation which your note implies, that the 
government of Venezuela is not liable ' on account of occurrences over 
which it had absolutely no control and of which it had no knowledge.' 
It is not claimed that the federal government directed, or was cog- 
nizant of, or consented to, the outrage perpetrated by its public 
servant in the execution of his public functions. 

"The simple complaint of this government is, that an officer of jus- 
tice of Venezuela, in the exercise of his official functicms, subjected an 
American citizen, whom he had arrested on suspicion, to grievous 
bodily torture to extort from him a confession of guilt. For this act 
this government asks the punishment of the offender, and expects that 
Venezuela will tender an ecjuitable indenniity to the victim. 

" The President is surprised at the tardy proposal of Venezuela, 
now for the first time heard of in connection with the case, that Mr. 
Wheelock shall seek redress at the hands of the high federal court. 
Even if he had been disposed to consent to such a disposition of the 
matter in the interest of friendshij) and harmony between the two 
countries, a casual examination of the provisional decrees of 14th 
Fel)ruarv, IST'i, concerning the rights and indemnification of for- 
eigners, which prescribe the procedure to which the complaint would 
be subjected, leads the President to withhold his acceptance of siich 
a resort. 

'•This government can not waive the right of its citizens to claim 
(Hi)l<)inatic j)rotection as those decrees re{|uire. It can not admit that 
if the court shall deem tiie claim for indenniity exaggerated, the 
American claimant shall forfeit all rights and incur heavy fine or 
])rolonged iini)risoiMnent. It can not consent to allow the court power 
to dismiss the claim because more than two years have passed since 
the commission of the injur}'. It can not, in a word, regard those 



§ 919.] LEGISLATIVE LIMITATIONS. 323 

decrees as controlling the equitable or moral rights of an injured 
American citizen. 

" I have remarked that more than two years elapsed before any 
judicial resort of Venezuela admitted that Sotillo was even liable to 
I^rocess. Permit me to ask, in no captious spirit, how it is supposed 
Mr. WTieelock would have fared had he submitted to those pro- 
visional decrees in the face of the solemn adjudication of three judicial 
tribunals of Venezuela that no grounds existed for subjecting the 
commissary, Sotillo, to legal process? Would fine and imprisonment 
have been added to the wrong under which he already lay? If so, 
would it not have been alleged that diplomatic redress was effectually 
barred to him by reason of his voluntary submission to the operation 
of those decrees ? 

"A copy of the present correspondence will be sent to the United 
States minister at Caracas with instructions to say that this govern- 
ment does not accept the reply made to its representations, and that it 
renews its demand for the punishment of the offender, and repeats its 
expectation that the government of Venezuela will tender to Mr. 
WTieelock a just indemnification." 

Mr. Frelinghuysen, Sec. of State, to Mr. Soteldo, Venez. min., Apr. 4, 1884, 

For. Rel. 1884, 599. 
See, as enforcing the same claim, Mr. Bayard, Sec. of State, to Mr. Soteldo, 

Apr. 3, 1885, For. Rel. 1885, 932 ; same to same, Apr. 10, 1885, id. 932 ; 

July 7, 1885, id. 934. 
This claim was compromised for $G,000, payable in two installments, 

For. Rel. 1885, 936-9.39. 

The Institute of International Law, at its session in 1900, when 

considering the question of the responsibility of states 

Besolution of Insti- f^^J, damages suffered by aliens in riots, insurrections, 

tute of nterna- ^^^. ^^^-j ^^^ adopted unanimouslv the following 

tional Law. . ' ^ ' 

resolution : 

" L'Institut de Droit international exprime le vceu que les I^^tats 
evitent d'inserer dans les traites des clauses d'irresponsabilite reci- 
proque. II estime que ces clauses ont le tort de dispenser les Etats 
de I'accomplissement de leur devoir de protection sur leurs nationaux 
a I'etranger et de leur devoir de protection des etrangers sur leur ter- 
ritoires. II estime que les Etats qui, par suite de circonstances extra- 
ordinaires, ne se sentent point en mesure d'assurer de maniere suffi- 
samment efficace la protection des etrangers sur leur territoire, ne 
peuvent se soustraire aux consequences de cet etat de choses qu'en 
interdisant temporairement aux extrangers Faeces de ce territoire. 

Annuaire de I'lnstitut de Droit International, XVIII. 253. session <>f 
Sept. 10. 1900. The foregoing resolution may be translated : " 'iMic 
Institute of International Law roconnnends that states sl*)uld 
refrain from inserting in treaties clauses of reciprocal irrespousil)il- 



324 INTERVENTION. [§ 920. 

ity. It thinks that such clauses are wrong in excusing states from 
the performance of their duty to protect tlieir nationals abroad and 
tlieir duty to protect foreigners within tlielr own territory. It thlnics 
that states which, by reason of extraordinary circumstances, do not 
feel able to assure in a maimer sufficiently efficacious the protection 
of foreigners on their territoi'y, can cscai)e the conse<iuences of such 
a state of things only by temporarily denying to foreigners access 
to their territory." 

7. Good Offices. 

(1) matters of bl'siness. 

§ 920. 

It is not within the province of the Department of State to make 
inquiries abroad as to matters of purely private business of citizens 
of the United States, nor is it the practice of the Department to call 
upon American ministers abroad to make such inquiries. 

Mr. Eiuchanan. Sec. of State, to Mr. Hough, Marcli 1.3. 184(5. 35 MS. Dom. 
Let. 4.35; Mr. Marcy, Sec. of State, to Mr. Ready. Aug. 21. 18,5(5, 45, 
MS. Dom. Let. 440; Mr. Marcy, Sec. of State, to Mr. French, Dec. 
12, 1856, 46, MS. Dom. Let. 166. 

" Under any circumstances, this [a question of succession to prop- 
erty], in the first instance, would be a question for the Swiss courts; 
but under the special provision of our treaty with Switzerland, it is 
a question for those courts finally. The Gth article [of the treaty of 
Nov. 25, 1850] . . . declares that any controversy that may arise 
among the claimants of the same succession as to whom the property 
shall Ijelong shall be decided according to the laws, and by the judges 
of the country in which the property is situated. I think it to be a 
just construction of this secti(m that it takes the question altogeher 
out of the domain of diplomacy." 

Mr. Seward. Sec. of State, to Mr. Harrington, min. to Switzerland, March 
21. 1868, Dip. Cor. 18(58, II. 11)2. 

In the case, however, to which the foregoing instruction relates, no civil 
suit having been institute<t by anyone in Switzerland to contest the 
right of the American claimant, the Federal Council directed the 
communal council of F]ntfelden. (^anton of Aargau, in whose custody 
the property lay, to recognize the rights of that claimant. (Dip. Cor. 
18(58. II. 197.) 

" It is not, however, within the province or the usage of this Gov- 
ernment to interfere in behalf of private citizens in their a.ssertion of 
rights of private property situated in foreign nations. Such rights 
must l)e regulated and determined according to the laws of the coim- 
try where the property may be situated. 



§ 920.] GOOD OFFICES. 325 

" The consul of the United States at Warsaw is Mr. Charles de 
Hofman. Mr. Kulinski is at liberty to address him, requesting his 
good offices in his behalf, or whatever unofficial services he may be 
able and willing to render. By inclosing this present letter in the 
original to the consul, that officer will perceive the view which is 
taken by the Department of the case; but the Department can have 
no responsibility in the premises, nor can the consul be expected to 
incur charges or fees other than such which he may be provided with 
funds to meet. Any letter to the consul, if desired, may be sent to 
this Department for transmission to him." 

Mr. Hale. Assist. Sec. of State, to Mr. Kalussowski, May 8, 1872, 94 MS. 
Dom. Let. 76. 

" To a minister of your experience I need not point out the proper 
distinction between diplomatic good offices and personal advocacy. 
To extend all proper protection to American citizens, and to secure for 
them in any interests they may have a respectful hearing before the 
tribunals of the country to which you are accredited, and generally to 
aid them with information and advice, are among the imperative and 
grateful duties of a minister, duties which increase his usefulness and 
add to his respect, and duties which, I have no doubt, you will faith- 
fully perform. 

" To go beyond and assume the tone of advocacy, with its inevitable 
inference of personal interest and its possible suspicion of improper 
interest, will at once impair, if it does not utterly destroy, the accepta- 
bility and efficiency of a diplomatic repre-sentative." 

Mr. Blaine, Sec. of State, to Mr. Hurlbut. rain, to Peru, No. 18, Nov. 1!), 

1881, War in South America. 504. 
See, in this relation, the Chile-Peruvian investigation, II. Report 1190, 47 

Cong. 1 sess. 

In a case where a man claimed to have been injured on the Metro- 
politan Railway in London, the Department of State said : 

'"' It is not part of the minister's regular or official duties to assist 
American citizens in the conduct of their private law suits unless some 
discrimination against them or some denial of justice makes diplo- 
matic interv^ention nece^ssary." 

Mr. Rives, Assistant Secretary, to Mr. Coakley, April 11. 1888, im MS. 
Dom. Let. 24. 

With reference to a request for the intervention of the United 
States, through its diplomatic representative in Vienna, to present a 
petition addressed to the Emperor, praying that the legal guardian of 
His Highness, Prince Benjamin Rolan, jr., and the superior orphan's 
court at Pressburg be ordered to settle a claim for money alleged to be 



326 INTERVENTION. [§ 920. 

due from the Prince for money advanced and assistance rendered to 
him. the Department of State said : 

'' In view of tlie jn'ouliar relation between the nobles of the Austro- 
Hungarian court and His Majesty the Emperor, whereby the latter 
is the sole appellate })ower as to suits against the nobles, your request 
has received very careful consideration, and the conclusion has at last 
been reached that it would not be expedient to direct the United 
States minister at Vienna to interfere even by the use of good offices, 
in order to procure a remedy extraordinary in itself and concerning 
the relation between a sovereign and a peer of the realm, 

'• The presentation of any form of petition to an appellate tribunal 
is outside of the diplomatic channels. Such proceedings are under- 
stood to be generally conducted by legal counsel having experience in 
the particular practice involved, and familiar with the law and pro- 
cedure of the tribunals of resort. It would seem necessary, therefore, 
for you to secure the services of a capable attorney to manage your 
case. If you should so desire, the services of the United States 
consul-general at Vienna to secure a j)roper attorney, may be offered to 
you.'' 

Mr. Rives. A.ssist. Sec. of State, to Mr. Kutsch. May 7. 1888, H» MS. Doiu. 
r.et. .309. 

"Argentine government has granted to Central & South American 
Telegraph Comj)any i)ermission to extend line from Buenos Ayres to 
Brazil. Urge, if necessary, on Brazilian government, to grant land- 
ing rights at Rio, and thus secure through an American company 
independent communication between United States and all South 
America."" 

Mr. Hayard, See. of State, to Mr. Osborn, tel., June 30. 188.'). quoted in 
Mr. Bayard, S(h-. of State, to Mr. .larvis, min. to Brazil, No. 4, July 7, 
188.-), MS. Inst. Brazil, XVII. 208. 

See. on the same subject, Mr. Bayard to Mr. Jarvis, No. .^), July 20, 188.5. 
id. .•?()(); same to same. No. 21, March <;. 188(5. id. .312; Mr. Blaine, 
Sw. of State, to Mr. Adams, min. to Brazil. No. 21, Sept. .30, 1.889, 
id. 410. 

" It is desirable to facilitate the extension of American cables in South 
.\merica. i)articularly between Brazil and the TTntted States. Assist 
Central & South .Vmerican Cable Company in getting concession from 
Brazil." (.Mr. Blaine, Sec. of State, to Mr. Lawrence, tel., April 27, 
1892, MS. In.st. Brazil. XVII. .57(5.) 

See. to the same effect, Mr. CJresham. Sec. of State, to Mr. Thompson, 
min. to Brazil. No. 4. Aug. 21, 189.3. .MS. Inst. Brazil, XVII. 077. 

See. also. For. Bel. 1891, 120, 138, 1.39. 144, 14.5 

With reference to differences lx»tween the Argentine government 
and the New York Life Insurance Company, growing out of a decree 
of that government, the Department of State observed that it would 



§ 920.] GOOD OFFICES. 327 

be a matter of deep regret to the government of the United States if 
measures were taken which would inflict injury upon the interests 
antl prestige of that important business institution. The United 
State^^ did not question the right of the Argentine government to 
require of a foreign life insurance company security as a condition 
of transacting business within its jurisdiction, or a reasonable guar- 
antee for the performance of outstanding contracts and the security 
of policy holders. The legation was instructed to continue the strenu- 
ous exercise of its good offices with a view to the adjustment of the 
differences between the government and the company in a manner 
alike honorable and acceptable to both parties, and it was slated that 
such a happy solution woukl be a matter of sincere gratification to 
the President of the United States and would, it was believed, 
redoimd to the mutual interest of both countries. 

Mr. Hay. See. of State, to Mr. Buchanan, min. to Argentine Republic, No. 
479. April 8, 1899. MS. Inst. Argentine Republic, XVII. 455. 

Mr. Buchanan was authorized to communicate a coiw of his instructions 
to the Argentine (iovernment. if requested to do so. 

In 1891. the American minister at Buenos Ayros was instructed to '" pro- 
test against levying exceptionally largp tax on foreign life insurance 
companies doing Inisiness in the Argentine.'" it l)eing alleged tliat the 
proposed legislation would destroy the business of .Vmerican life 
insurance in Buenos Ayres — a business that had reached large pro- 
portions. (Mr. Blaine. Sec. of State, to M'-. IMtkiii. .Ian. 5. 1891. For. 
Rel. 1801, 1-2; see also, pp. 3, 7, 9.) The matter was arranged by 
executive decree. (For. Rel. 1891. 11.) 

For a bill imposing certain burdens on foreign insurance companies in 
Chile, see For. Rel. 189(). 4.3-45. 

Referring to an instruction which he had sent to Mr. McLane, 
American minister at Paris, in relation to propo'^ed legislation by the 
French assembly discriminating against American life insurance com- 
panies doing business in France. Mr. Bayard said: " It i^ my desire 
to avoid any unfavorable results that might arise from jealousy in 
any supposed interference with French legislation, but I have based 
my letter upon an intent to })romote the interests of both countries 
by freedom of contract, and the mutual investment of capital in all 
its foi-ms. Hctdlidtory legislation is easily stimulated and only adds 
to unwisdom, trying to make one right out of two wrongs." 

Mr. Bayard. Sec. of State, to Mr. McCall, March 17, 1880. 1.59 MS. Doin. 
Lot. 341. 

" Occasion has been found to urge upon the Russian government 
equality of treatment for our great life-insurance companies whose 
operations have been extended throughout Europe. AdmittiiiL^ a:; 
we do, foreign corporations to transact business in the United States, 



S28 INTERVENTION. [§ 920. 

we naturally expect no less tolerance for our own in the ample fields 
of competition abroad." 

President Cleveland, annual message, Dec. 2, 1894, For. Kel. 1804. xiii. 

'" However clear may be the strict right of each state to determine 
the conditions on which it will permit foreign corj)orations to carry 
on business within its jurisdiction, tliere j)revails in such matters a 
comity which it is the interest of all nations to maintain, and which 
is well illustrated in the freedom and equality with which foreign 
corporations are permitted to extend their operations to the United 
States. There is ground for the belief that the necessary result of 
the course lately adopted by the Prussian authorities in respect to the 
Mutual Life Insurance Company would be to give to the beneficent 
principle of comity a restricted and uncertijin operation. Under the 
circumstances, the President is of the opinion that the subject is one 
proper for presentation through the present diplomatic channels, for 
consideration in all its aspects by the royal government of Prussia 
and by the imperial authorities as well, so far as the latter may have 
jurisdiction in the premises." 

Mr. Uhl. Act. Sec. of State, to Mr. Hunyon, ambass. to Germany, No. 313, 
.June 4, 18'.).^, For. iiel. 181>.">, I. 428. See. also. id. 421)-4r)3; II. Ex. 
Doc. 247. ~t4 Cong. 1 sess. 

For further corresi>ondence, see For. Hel. 180(), 192-198; For. Kel. 1897, 
204-208. 

In conse(iuence of the exclusion of American life insurance companies 
from Prussia, Prussian insurance companies were prohibited to do 
itusiness in the State of New York. In October, 1899. the New York 
Life Insurance ('omi)any was readmitted to do business in Prussia, 
and the (Jerman companies were readmitted to New York. (For. 
Uel. 1899. 291-293; President McKinley, annual message, Dec. 5, 
1899. ) 

In the voluminous record of diplomatic negotiations with reference 
to trade and connnerce not a little space, especially in the coi're.spond- 
ence of the United States, is occupied with discu.ssions as to the pro- 
hibition or restriction of the importation of cattle and hogs, beef and 
l)ork. 

As examples, see the following: 

Austria-Hungary, For. Uel. 1891, 31. 

Helgium. For. Kel. 181(1. .3:^-38; For. Kel. 189.'). I. 2JV-.37, referring to 

For. Kel. 1894. .->0-.'-)2 ; For. Kel. 181X5, 19. 
Denmark. For. Kel. 1891. 487; For. Kel. 181»4, 20.'); For. Kel. 189."), I. 210. 
France. For. Kel. 18!»1. 489. 493. 49.^; For. Kel. 1892, 1(52; For. Kel. 189.^), 

I. 402; For. Kel. 189<!. 1.3()-139. 
(iermany. For. Kel. 1891. .')01-.")28; For. Kel. 1894, 22<)-233; For. Kel. 1895, 

I. 497-r)<».-): For. Kel. 181M;. 1C»;^-18.'). 
Great Hritain. For. Kel. 189»!. 317-3(J3, the "Diseases of Animals Act, 

1891)," being printed at p. 303. 



§ 921.] GOOD OFFICES. 329 

(2) APPEALS FOE CLEMENCY. 

§ 921. 

The government of the United States will, through the Secretary 
of State, interpose its good offices for the alleviation of the punisli- 
nient of citizens of the United States convicted in a foreign country 
of political offenses against such country. 

Mr. Webster, Sec. of State, to Mr. Gushing and others, Aug. 27, 1842, 32 
MS. Dom. Let. 410. 

" The judgment of mankind is that in revolutionary movements 
which are carried on by large masses, and which appeal to popular 
sympathy, capital executions of individuals who fall within the power 
of the government are unwise and often unjust. Such severity, 
when practiced upon a citizen of a foreign state, excites a new sym- 
pathy by enlisting feelings of nationality and jjatriotism. 

" The fellow-citizens at home of the sufferer in a foreign country 
naturally incline to believe that the just and generous principle to 
which I have referred is violated in his case. The soundness of this 
principle is quite easily understood after the revolutionary movement 
is ended, although it is difficult to accept the truth in the midst of 
revolutionary terror or violence. A\nien the President of the United 
States dismissed the prosecutions in the United States courts of the 
so-called Fenians who attempted an unlawful and forbidden invasion 
of Canada, and returned them to their homes at the expense of the 
government, and at the same time obtained, through the wise coun- 
sels of Sir Frederick Bruce and the governor-general of Canada, a 
mitigation of the capital punishments adjudged against those who 
were convicted in the Canadian courts, the President adopted pro- 
ceedings which have practically assured the continuance of i)eace 
upon the Canadian border. It was believed here that similar clem- 
ency could be practiced in the Manchester case with benign residt.s. 
Your dispatch leads us to believe that Her Majesty's government was 
so thoroughly convinced of the necessity of pursuing a different 
course in that case that further interposition than that which you 
adopted would have been unavailing and injurious to citizens of the 
United States. Certainly it belonged to the British goverinnent to 
decide whether the principle which we invoked could be wisely 
applied in the Manchester case." 

Mr. Seward, Sec. of State, to Mr. Adams, uiin. to England, No. 2t(M'). 
Dec. 9, 1867, Dip. Cor. 18<J8. I. 37. 

"Mr, Frelinghuysen informed Mr, Lowell of the action of the 
House of Representatives, as contained in the resolution of Deceinb<'r 



330 INTERVENTION. [§ 921. 

10, repeated his former instruction to consider the citizenship of 
O'Donnell established, and conchided by saying: 

"'There l)eintr in (ireat Britain no judicial examination on appeal 
of the proceedings at a criminal trial, possible errors can only be cor- 
rected through a new trial or by executive action upon the sentence. 
Therefore this government is anxious that such careful examination 
be given to the proceedings in this case as to discover error, should 
one have been committed. You are therefore directed by the Presi- 
dent to request a delay of the execution of the sentence, and that a 
careful examination of the case be made by Her Majesty's govern- 
ment, and that the prisoner's counsel be permitted to present any 
alleged points of error.' "* 

Mr. Freliiifihuysen. Soo. of State, to Mr. Ix)well, inin. to England, tel., 
Dec. 11, 1883, For. Rel. 1883, 479. 

With reference to a petition signed by prominent officials and pri- 
vate citizens of St. Louis, Missouri, and addressed to the King of 
Hawaii, praying for the pardon of a person who had l)een convicted 
of homicide at Honolulu, the Department of State said: " I have en- 
closed a copy of the correspondence to Mr. Rollin M. Daggett, United 
States minister there, for his information. The Department's under- 
standing of this case is that Mr. was fairly and impartially 

tried and convicted. Under these circumstances it is not perceived 
how Mr. Daggett could lx» instructed to intervene officially in the 
j)risoner's behalf. Besides, it is not the jH'ovince of this government 
to interfere in the judicial proceedings of a friendly foreign power, 
especially when those proceedings have been marked by a spirit of 
fairness and impartiality. At the same time I have every desire to 

extend Mr. such assistance as his friends think him entitled 

to. and this Department consistently can. In this sense copies of the 
])apers have gone to Mr. Daggett, who has been instructed that should 
the matter i)e i)rought to his attention by the King or the minister for 
foreign affairs, after the petition had been duly presented to His 
Majesty, or should a convenient opportunity })resent itself for Mr. 
Daggett to sj)eak to the King or the minister for foreign affairs ui)on 
t\u' subject, he was at liberty to <1() so unofficially, making such rei)re- 

sentations as from his j)()sition. and the circumstances of Mr. 's 

case, he might consider him entitled to." 

.Mr. liayanl. Sec. of State, to Mr. O'Neill, March I'.l. 18M.-.. I.-4 .MS. Doni. 
Let. r..S4. 

•• Full brief Sproule's case presented to imperial government by 
.Vmerican minister earnestly urging clemency : execution sonsequently 
postponed by Unnadian authorities. This I)ej)artment has made 
every possible appeal and still hopes for commutation." 



§ 921.] GOOD OFFICES. 331 

Mr. Bayard, Sec. of State, to Mr. Collins, tel., Oct. 25, 1880, 102 MS. Doin. 
Let. 8. 

See, as to Sproule's case, Mr. Bayard, Sec. of State, to Mr. West. Brit, 
niin., Feb. 17. April 14, April 23, 1886, MS. Notes to Great Britain, 
XX. 190; Mr. Porter. Act. Sec. of State, to Mr. West, Brit. min. Oct. 1, 
1886, MS. Notes to Great Britain. XX. 2,31 ; Mr. Bayard, Sec. of State. 
to Mr. Phelps, min. to England, Sept. 24, 1880, MS. Inst. Great 
Britain, XX. 240. 

" In the cause of mercy, I beg leave to place in your hands the 
enclosed letters of Baron Fava, the Italian minister at this capital, 
and of His Eminence, the Cardinal Archbishop of Naples, relating to 
<he case of Vicenze Vika, an Italian now imder sentence of death 
in the State of Pennsylvania, and already respited by your order. 
While I yield to the earnest request of Baron Fava to become the 
personal intermediary for placing in your hands these proofs of deep 
interest in the prisoner's fate, and appeals for the exercise of your 
official clemency, yet I have not such knowledge of the circumstances 
of the case as would warrant me in the expression of any opinion in 
relation thereto. 

" The sincerity and earnestness of Baron Fava and his reverend 
correspondent induce, however, an expression of my hope that you 
may find ground for an interposition of the great discretion which is 
your official prerogative, by which a mitigation of the extreme penalty 
of the law can he granted." 

Mr. Bayard, Sec. of State, to Gov. Beaver, April 10, 1888, 108 MS. Dom. 
Let. 105. 

August 2, 1888, the Department of State communicated to the 
governor of Mis.souri a note of the preceding day from the British 
minister expressing the earnest desire of his Government that a res- 
pite of the sentence pronounced against Maxwell, alias Brooks, who 
was then under sentence of death at St. Louis for the murder of oue 
Preller, might be granted. The Department of State, though with- 
out information of the reasons on which the respite was requested, 
felt bound to lay before the governor the application made by the 
minister of a friendly power, whose appeal to the governor's liigh 
official discretion and clemency in behalf of one of his countrymen 
was justly entitled to and doubtless would receive serious considera- 
tion. 

Mr. Bayard. Sec. of State, to Governor Morehouse, Aug. 2, 1888, 109 MS. 

Doni. Let. 314. 
Maxwell was in due time hanged. (Mr. Rives. Act. Sec. of State. t() 

Mr. Francis, Oct. 9. 1888. 170 MS. Dom. I^t. 18.3.) 
The petition of numerous Ottoman subjects residing in Massachusetts. 

asking executive clemency for one of their countrymen wlio was 

undergoing a term of imprisonment In that State, having been com- 



332 INTERVENTION. [§ 921. 

nnmioated to the Department of State by the Turkish minister at 
Washington, was transmitte<l l>y the Department to the governor of 
Massaclmsetts for his consideration. (Mr. Blaine, Sec. of State, to 
the governor of Mass., May 4, 1889, 172 MS. Dom. Let. 0G5.) 

" Cipciimstances have prevented an earlier acknowledgment of 
your letter, without date, but received here on the 8d of December 
last, in which you ask the intervention of this Department to cause 
the transmission to Her Majesty, Queen Victoria, of a petition of 
three thousand American women, having for its object the release of 
Mrs. Florence Maybrick, recently convicted in England of murder 
and now imprisoned at Woking under a life-sentence. 

'- Mrs. Maybrick's case had enlisted the Department's attention, 
and, shortly after her conviction, the minister of the United States 
at London, Mr. Robt. T. Lincoln, used his unofficial good offices with 
the authorities there to the end that the original capital sentence of 
the court, since commuted, might not be carried into execution. 

'' The question of any interference by one government in the 
administration of justice within the jurisdiction of another is, at all 
times, a delicate one, and the difficulty was increased in the present 
case by the fact that the defendant, although of American origin, 
had become the wife of a British subject. As Mrs. Maybrick's case 
is here luiderstood, it is not i)erceived upon what grounds the gov- 
ernment of the ITnited States could at present further interfere in 
her i)ehalf. T do not, therefore, feel warranted in making our lega- 
iion at London the channel for the communication of the petition in 
question to the British government, especially as, in somewhat anal- 
ogous cases heretofore, the direct presentation of such a petition, by 
ihe signers, to the British home office, has been advised as the regular 
and ])r()per course to pursue." 

Mr. P.laine, Sec. of State, to Mr. Campl)ell, Feb. 14. 1890, 170 MS. Dom. 
Let. IVM. 

See, to the same effect. Mr. Blaine, Sec. of State, to Mr. Ingrabam, Feb. 1. 
1S!K>, id. 270; Mr. Blaine, Sec. of State, to Mr. ("lark, June 27, 1890, 
178 MS. Dom. Let. 131. 

Mr. Lincoln was subseciuentl.v informed that a feeling of great interest 
attached to the pardon of Mrs. Maybrick, and he was Instructed to 
"go as far as diplomatic privilege will allow and justify." (Mr. 
Blaine. Sec. of State, to Mr. Lincoln, min. to England, tel., April 18, 
IS'.H. MS. Inst. (Jr. Br. XXIX. 4«>9.) The application was unsuc- 
cessful. 

Sec II. Doc. .",70, 54 Cong. 1 sess. 10. 

The British authorities, while admitting the right of petition for 
the pardon of persons under criminal sentence, require the prayer 
to come to the proper officer of the government, the home secretary, 
directly, and not through a foreign government. As a similar rule 



§ 922.] PROTECTION OF MISSIONARIES. 333 

is generally observed by the government of the United States and 
the States of the Union with regard to foreign petitions praying for 
clemency, the Department of State can not run counter to suoh usage 
and must decline to present the petition officially. -■ - 

Mr. Adee, Act. Sec. of State, to Mr. Newlin, July 20, 1895, 203 MS. Dom. 
Let. 471. 

8. Pbotection of Missionabies. 
§ 922. 

Missionaries sent out by religious communions in the United States 
to Mohammedan or Pagan land " are entitled to all the protection 
which the law of nations allows this government to extend to citizens 
who reside in foreign countries in the pursuit of their lawful avoca- 
tions, but it would be a source of endless embarrassment to attempt to 
reverse the decisions of regular tribunals as to the questions connected 
with the peculiarities of doctrinal belief." 

Mr. Everett, Sec. of State, to Mr. Marsh, inin. to Turkey, No. 24, Feb. 5, 
1853, S. Ex. Doc. 9, 33 Cong. 2 sess. 5. 

This instruction related to the trial and sentence of banishment of the 
Reverend Jonas King, of Massachusetts, in Greece, for alleged offences 
against the established religion of the state. For the reason above 
stated, Mr. Everett held that it would not be expedient to require 
any pecuniary indemnity to be made to Dr. King. But, as he thought 
that Dr. King had not had a fair trial, he directed Mr. Marsh to say 
to the Greek government that the President expected a formal remis- 
sion of the sentence of banishment should be grautetl. The Greek 
government declined directly to accede to this request, but in fact 
the judgment against Dr. King remained unexecuted. (S. Ex. Doc. 
9, 33 Cong. 2 sess. 18(j.) For further particulars of this case, see 
supra, § 91.'>. 

The government of the United States, while protecting citizens of 
the United States in Turkey, so far as concerns their international 
rights, can not in any way assume a protectorship of Christian com- 
munions in Turkey, as is done by some European powers, nor in any 
way undertake to determine their dissensions. 

Mr. Cass, Sec. of State, to Mr. Williams, Oct. 22, 1800, MS. Inst. Turkey, 
II. 27. 

" It is a matter of regret that the Christian missionaries of the 
United States and of Hawaii to thp Micronesian group should have 
experienced any obstacle in the- prosecution of their calling, and 
especially that they .should have be^^n wronged in their person and 
property by the savage aborigines. It is hoped that the vessel of 
war which, it is understood, has been ordered thither, will have tlic 
effect of preventing any further outrages uj^on our citizens. Our 



334 INTERVENTION, [§ 922. 

right, however, to demand redress for injuries to subjects of the 
Hawaiian Kingdom, independent, though a friendly state, may be 
regarded as questionable. We should, consequently, prefer not to 
direct an application to be made in their behalf, notwithstanding 
the connection between missionaries of this country and those of 
Hawaii, adverted to by Mr. Harris in his note to you of the 26th 
February. Still, as the native inhabitants of Micronesia are not 
understood to acknowledge the obligations of the law of nations, it 
will be competent for, and there would be no objection to, a United 
States naval commander interposing in behalf of any subjects of the 
Hawaiian Kingdom to protect them against any further injuries 
with which they might be threatened during his abode in Micronesia." 

Mr. Fish, Sec. of State, to Mr. Peirce, min. to Hawaii, No. 13, April 6, 

1870, MS. Inst. Hawaii, II. 196. 

The minister of the United States at Constantinople may employ 
his good offices with the Turkish authorities to obtain for the Syrian 
Protestant College authority to grant medical degrees. This privi- 
lege, however, is not to be claimed as a matter of right, either under 
public laAv or treaty, but merely as a mark of good will. 

Mr. Fish, Sec. of State, to Mr. Brown, uiin. to Turlvey, No. 7, July 31, 

1871, MS. Inst. Turkey, II. 34G. 

November 4, 1871, Mr. Brown, American minister at Constanti- 
nople, answered an inquiry of Mr. Hay, American vice-consul-general 
at Beirut, as to the amount of protection, if any, which consuls of the 
United States might give to teachers, pupils, and natives, who had 
been converted through the ministry of American missionaries, from 
persecution on account of their religious belief. Mr. Brown stated 
that he was without instructions on the subject, and that, much as the 
government of the United States might be interested in the principle 
of leligious lil)erty, the question was one of so much delicacy as to 
prevent direct official interference to sustain it. Mr. Brown stated 
that by Article V. of the treaty between the United States and Tur- 
key it was established that the legation and consulates of the United 
States should not protect Ottoman subjects either openly or secretly, 
and the same principle was repeated in the berat or exequatur issued 
to the consul-general. With these facts before him, Mr. Brown said 
that he could not instruct Mr. Hay to claim a right to give his official 
protection to the persons mentioned, and he believed that the local 
authorities would not allow it. Mr. Brown said that he did not 
advise Mr. Hay to refrain from offering unofficial solicitations in 
iK'half of any clearly established case of religious persecution, no 
matter who the sufferer or what his faith might be, or from invoking 
the well-known liberal principles of the Ottoman government in 



§ 922.] PROTECTION OF MISSIONARIES. 335 

such matters; but this should be done with much discretion; and it 
" would be certainly an error to interfere in the affairs of the individ- 
uals you allude to disconnected with religion." Mr. Hay had stated 
that, if a Mohammedan subject of Turkey embraced Christianity, 
his evidence was by the laws of Mohammedanism worthless and he 
could be put to death, but that a recent decree of the Sultan pro- 
claimed religious toleration throughout the empire. This decree, 
said Mr. Hay, was not practically enforced in Syria, and American 
missionaries oft^n desired and expected consular interposition to 
succor persecuted native teachers and native converts, though such 
a course was offensive to the local authorities, who were upheld by 
their superiors in Constantinople. On this point Mr. Brown replied 
that Mr. Hay was incorrect in his statement that any ^lussulman 
who had embraced Christianity might be put to death, since the 
Sultan had officially declared that this principle of Islam holy law 
should never be practiced; and there were in fact a few Christians, 
formerly Moslems, who resided at Constantinople and were in fre- 
quent intercourse with the higher functionaries of the government. 
Continuing, Mr. Brown said : '' I would therefore not encourage you 
to do what, though very creditable to your feelings as a Protestant, 
T should not be able to sustain you in. . . . As to the American 
missionaries, I of course need not add that every possible means 
should be adopted for their protection. Their dwellings and estab- 
lishments are inviolate, and will never, I presume, be molested." - 

With reference to this correspondence, Mr. Fish said : " I have 
received your dispatch Xo. 28, of the 6th ultimo, enclosing corre- 
spondence between yourself and the vice-consul-general at Beirut, in 
regard to the 'amount of protection, if any. consuls can give to the 
teachers, pupils, and natives, who have been converted through the 
ministry of American missionaries, from persecution on account of 
their religious belief.' In reply, I have to state that the general 
position and principles advanced by you on the subject are correct, 
and are within the j)rovision of the treaty between the United States 
and Turkey, and your communication to the vice-consul-general is 
approved.*' 

Mr. Fish, Sec. of State, to Mr. Brown, iiiin. to Turkoy. No. 1*4. l>oi: .%. 
1871, For. Kel. 1872. 0»j!). acknowletlging the ret-eipt of .Mr. Hrowirs 
No. 28, of Nov. t), 1871, id. G6.3. 

May 27. 1882. Mr. Frelinghuysen enclosed to the American legation 
at St. Petersburg a letter from the American Bible Society in rela- 
tion to the introduction and sjde in parts of Russia of copies of iIh- 
Bible printed by that society. It was stated that the colporteur-^ of 
the society were forbidden to sell the Scriptures from house to house 
in Esthonia by the clerg}- of the Lutheran Church, and that the 



336 INTERVENTION. [§ 922. 

Scriptures published by the society in Armenian and Syriac, imported 
by way of Tabreez or Constantinople, were excluded from the region 
of the Caucasus on the strength of a decree of the Russian minister 
of the interior. Mr, Frelinghuysen stated that the American Bible 
Society was an incorporated company under the laws of New York, 
and that, apart from" its claims in common with other lawful Ameri- 
can corporations to the kindly offices of the government, there was in 
its case the unselfish aim of doing good which commended it to the 
support of enlightened people. The legation was directed to read 
the instruction to the Russian minister of foreign affairs, and to 
express the hope that the Russian government would examine into the 
allegations submitted, and if they were found to be well grounded, 
issue such orders as might be deemed right and best fitted to afford 
the desired relief. 

Mr. Frelinghuysen, See. of State, to Mr. Hoffman, charge, No. 128, May 

27. 1882, MS. Inst. Russia. XVI. 279. 

In a sul)sequent instruction, Mr. Frelingiiuysen stated that it was repre- 
sented to hira that Billies of the British Bible Society were every- 
where admitted and allowed to be sold by the Russian authorities, 
and tliat the refusal to promote the sale of American Bibles in like 
manner was a discrimination against American citizens. Mr. Fre- 
linghuysen considered this a contravention of Articles VI. and IX. 
of the treaty of commerce and navigation of December 6-18, 1832. 
(Mr. Frelinghuysen, Sec. of State, to Mr. Hunt. min. to Russia, No. 

28. Felt. 10, 1883, MS. Inst. Russia, XVI. 324.) 

See, also, Mr. J. Davis, Act. Sec. of State, to Mr. Wurts, charge. No. 45, 
May 25, 188.3, MS. Inst. Russia, XVI. 34fj. 

" Mr. Heap's despatch No. 300, of the 1st ultimo, reports the corre- 
spondence had with the Turkish government concerning the alleged 
conversion, by the mis.sionaries in certain parts of Armenia, of their 
dwellings to ecclesiastical purposes, and their use of bells as a part 
of their worship, 

" The explanatory memorandum, which, after causing inve.stiga- 
tions to l)e made, Mr, Heap communicated to the uiinister for foreign 
affairs is approved as temperate and courteous in tone. 

" The riglit of private worship in a dwelling house must be main- 
tained. If that is infringed, the remonstrances of your legation will 
not fail to be innnediate and energetic, 

'• To ensure that the intervention of this government in such a case 
is ()l)tain(Hl in good faith and due as a right, it is very desirable that 
such discretion should l)e observed by American citizens of non- 
Mohammedan faith who take up their abode in the Mohammedan 
regions of Turkey, as not to overstep the bounds which separate 
private from pul)lic worship, or to give grounds for any plausible 
complaint by the Turkish authorities that the sensibilities of their 



§ 922.] PROTECTION OF MISSIONARIES. 337 

people are wounded by any, to them, offensive demonstrations of a 
character usually connected with public ecclesiastical worship. 

" The point may be best illustrated by the question of the bells said 
to have been hung by the missionaries in certain localities. It is 
presumed, from the nature of the complaint, that these bells have been 
hung in or upon private dwellings, that their purpose is to sunnnon 
worshippers to the private services held within those dwellings, and 
that (in connection with the internal arangement of those dwellings, 
which it is supposed are such as to facilitate the assemblage of per- 
sons outside of the household), this use of bells is held by the Turks 
to indicate the use of a private dwelling for the usual purposes of a 
church. 

" If the question were frankly presented by the Turkish govern- 
ment, as to whether a bell so hung, and so rung, openly and audibly 
over an extended neighborhood, is a needful or usual adjunct of a 
private dwelling, the answer would be as frankly made that it is not 
so regarded by this government. It is not unlikely that an equivalent 
or similarly conspicuous Mohannnedan demonstration upon a pri- 
vate dw^elling in any populous locality here, or in any Christian 
country, would be suppressed as a nuisance, and this without any 
idea of interfering with liberty of worship or individual conscience. 

•• It may be well for you to advise those missionaries who may seek 
your advice or intervention in this matter that this government 
would not be willing to make the right to use church Ixdls on private 
dwellings a diplomatic question with Turkey. The part of discretion 
for them to pursue would appear to be the avoidance of opportunities 
of giving offense to the people among whom their lot is cast." 

Mr. Frelingbuj'sen, Sec. of State, to Mr. Wallace, niiii. to Turkey, Jan. 9, 
1884, MS. Inst. Turkey, IV. 77. 

" The question of the i^ersonal protection of parties whose sojourn 
in Mexico may be under such conditions or associations as to bring 
them into conflict with Mexican law and, probably, worse still, 
with native prejudices, is a grave matter which, from its complexity, 
requires the most discreet handling. In the two cases mentioned in 
your present dispatch, the element of discretion in the proceeding 
of the American citizens concerned is not, I regret to say. evidi^nt. 
In the one, it is proposed to erect a Protestant house of worshij) in 
immediate proximity to a Catholic Church. In the other, the ruins 
of a consecrated edifice are proposed to be utilized for the worshij) 
of another faith. The legal right to do these things may be perfect 
in all respects, but the moral aggressiveness of the proceeding may 
tend to arouse local sensibilities and divert them into undesiral)le 
channels. It is one thing to be drawn unintentionally intj a con- 
troversy ; it is quite another to provoke it. 
H. Doc. 551— vol 6 22 



338 INTERVENTION. [§ 922, 

'* I find in tlie records of this Department a recent instance bearing 
on this question and showing the views of my immediate predecessor 
touching the extent to which international right may be invoked to 
defend acts which may be hiwful in themselves, but Avhich nuiy tend 
to disturb the popular feeling. 

*' In 1884 an instruction (No, 147, of January 0) was addressed to 
All'. Wallace, United States minister at Constantinople, in reply to a 
disi)atch reporting the correspondence had with the Turkish gov- 
ernment concerning the alleged conversicm by the missionaries, in 
certain parts of Armenia, of their dwellings to ecclesiastical pur- 
poses, and their use of bells as a j)art of their worship. 

" Mr. Frelinghuysen remarked that the right of private worship 
in a dwelling hous(> must be maintained, and that if it were infringed 
the remonstrances of the legation were to be inunediate and energetic. 
To insure that the intervention of this government in such a case 
was obtained in good faith and due as a right, it was very desirable 
that such discretion should be observed by American citizens of non- 
^lohammedan faith, who had taken up their abode in the Mohamme- 
dan regions of Turkey, as to not overstep the bounds which separate 
jirivate from i)ublic worshi]), or to give grounds for any plausible 
complaint by the Turkish authorities that the sensibilities of their 
])eople were wounded by any. to them, ott'ensive demonstrations of a 
character usually connected with public ecclesiastical worshi]). 

*• I now ([uote Mr. Frelinghuysen's language literally." 

"Mr. Frelinghuysen also intimated to Mr. A\'allace that it might 
he well to infoi'ui the missionaries who sought his advice or interven- 
lion in such matters, that the United States govermnent was not 
willing to make the right to us(> church bells on private dwellings a 
dil)loniatic (juestion with Turkey, and that the j)art of discretion for 
I hem to j)ursue would appear to be the avoidance of o])port unities of 
giving oti'ense to the jx'ople among whom their lot was cast. 

•• It is, however, ([uite clear in the cases now before me, that if 
antagonisms be created by acts in j)erfect accord with j)rincij)les of 
domestic and international law, as well as the letter of individual 
rights, the j)ai"ties are entitled to i)ersonal ])rotection against any un- 
lawful interference with those rights, by all means ordinarily within 
the j)ower of the local authorities in the first instance, and secoiully. 
in case of denial thereof, by the interposition of the government of 
the country of the complaining individual. 

*' 'I'he administrative and political system of civilized govermnents 
is designed to afford security to the individual in the enjoyment of 



" Here follows a (luotiitioii of piiriij;riU)lis ."i and •>. befrinniiij; witli the words 
" T1h» i>oiiit." and endiiifr with the words "individual conscieuee." of Mr. Fre- 
linghuysen to .Mr. Wallace, No. 147, .Ian. !>, liS84. sui»ra, 330-337. 



§ 922.] PROTECTION OF MISSTONARTKS. 339 

his lawful personal rights, and is supposed to be adequate for all 
usual demands upon their power. The application of extraordinary 
means for individual i)rotection, especially if the assertion of the 
individual's rights l^e demonstratively aggressive, and calcidated 
from the nature of things in the locality to lead to conflict, is hardly 
to be expected. 

" You Avill, of course, understand that nnich of this instruction is 
designed for your personal guidance. The tone of your dispatch, 
however, leads the Dei:)artnient to place the utmost reliance in your 
wisdom and discretion in dealing with this class of (piestions." 

Mr. Bayai-tl. Sec. of State, to Mr. .Tac-kson. .July 17, 188."). .M.S. Inst. Mexico, 
XXI. 329. 

"■ I have to acknowledge the receipt of your letter of the lath 
instant, accompanied by a newspaper extract entitled ' Fresh Turkish 
Atrocities.' meaning those perpetrated upon the Christian inhabitants 
of Bulgaria, and to say that the United States government has enough 
to do to protect its own citizens in the Turkish dominions. But, 
even with the right of treaties and of international law on our side, 
it is with the greatest difficulty that we obtain a satisfactory hearing 
for our complaints. It is thought, therefore, that it would weaken 
the force of our valid complaints Avere this government to press for 
the interests, no matter how deserving, of the native Christians of 
Bulgaria on the ground of sympathy alone; and. nu)reover, as the 
treaty of Berlin reserves the Bulgarian question to the Powers which 
negotiated that instrument, and as the government of tlie United 
JStates was not a party thereto, an appeal from this govtUMunent to 
one of them alone would be a manifest intrusion and contrary to the 
practice of diplonuitic intervention in such cases. 

" In connection with this subject I (juote from the message of the 
President to the Congress of the United States of I)eceml)er 4, ISS.'i, 
as follows : 

" ' Under the treaty of Berlin, liberty of conscience and civil rights 
are assured to all strangers in Bulgaria. .\.s the United States have 
no distinct conventional relations with that country and ai-e not a 
l)arty to the treaty, they shall in my opinion |the President's] 
maintain diplomatic representation at Sofia for the improvement of 
intercourse, and the proper protection of the many American citizens 
who resort to that country as missionaries and teachers. I |the 
President] suggest that I be given authority to establish an agency 
and consulate general at the Bulgarian capital." 

'• I may observe, however, in conclusion, that we ha\'e no consulai- or 
other representative at that ca[)ital." 

Mr. I-'reliiifilmyscii. Sec. of State, to .Mr. CJiffonl. Dec. Ut. ISSI. I.".:: MS. 
Dom. Let. 470. 



340 INTERVENTION. [§ 922. 

With reference to a request that the American minister at Lisbon Ix; 
directed to use proper efforts for the removal of certain restrictions 
on the missionary activities of the American Board of Commissioners 
for Foreign Missions in Mozambique, the Department of State said: 
" Your letter . . . has been sent to that minister with a com- 
mendatory instruction authorizing his good offices in the matter. In 
Portugal, you are aware, as in other countries, freedom of worship 
might be allowed where proselytism would be discouraged. It is 
trusted that the very broad and j^ractically unsectarian views and 
measures of your board, already known to the Portuguese govern- 
ment, will be found to favor the success of your reciuest.'' 

Mr. Froliiijrlm.vsen, Sec. of State, to Mr. Smith, Jan. 27, 1885, 154 MS. 
Doin. JjCt. 74. 

Where certain American missionaries, because of a prohibition 
against citizens of the United States holding real estate in Mexico 
within '20 leagues of the frontier, organized a corporation under a 
Mexican charter in order to hold real estate under Mexican law, it 
was held that the question of title to the property thus held was one 
for the jurisdiction of the Mexican courts and was not a proper sub- 
ject for diplomatic intervention. 

Mr. Bayard. See. of State, to Mr. .Jat-kson. luiii. to Mo.\U-o. July ;>, 1885, 
MS. Inst. Mexico. XXI. :V2i. 

"If Mr. Norwood's statement is exact in all particulars (and there 
is no cause for me to doubt the good faith of his narrative), his 
well-disposed efforts to adjust the question in a manner which shall 
reconcile his indisj)utal)le civil and religious i-ights under the Mexican 
constitution, with a considerate respect for the sentiments of the 
conununity in which he dwells, have lx?en rendered unavailing by the 
concerted opposition of the Mexican authorities. This is a grave 
charge, and if those whose duty it is to administer the laws under the 
Mexican constitution and to protect all law-abiding persons in their 
individual, civil, and religious rights, do in reality render the funda- 
mental guarantees of no avail, the matter might well be made the 
occasion for formal and urgent remon.st ranees. It is alike tiie duty 
f)f the Mexican government to see that its laws are respected by and 
toward all persons within its jurisdiction, and the obligation of this 
government to see to it that any American citizen whose rights are 
infringed witiiout due warrant of law, shall be protected in tho.se 
rights." 

Mr. r.ayanl. Sec of State, to Mr. Jaelison. July 31. 1885, MS. Inst. 
Mex. XXI. :U7. 

In enclosing to the American minister at Con.stantinoi)le copies of a 
letter of the American Board of Commissioners for Foreign Missions 



§ 922,] PROTECTION OF MISSIONARIES. 341 

of July 29, 1885, and the reply thereto of August 17, in relation to the 
cause of American missionaries in the Ottoman Empire, the Depart- 
ment of State said : '' You will communicate freely with the Depart- 
ment on this subject as you may deem it necessary, and while giving 
your own views as to the result of the practical knowledge you may be 
able to obtain on the spot, you will ask such special instructions as 
you may think needful. You will rest assured that it is the purpose 
of this government to go to all proper limits in protecting American 
rights and interests in Turkey, and any suggestions that you may 
offer as to the proper method of doing so will have careful considera- 
tion. At the same time you will not disguise from the Porte our 
sense of disappointment at the inadequacy of the protection accorded 
to law-abiding citizens of the United States in Turkey, and the bad 
impression which must be created from the continued failure to 
punish offenders whose identity has been amply established. The 
Turkish government, is no less concerned than ourselves in seeing to 
it that no imputation on its good faith shall be possible, and that no 
culprit shall be screened from the consequences of his acts. The 
government of the United States recognizes in the missionaries an 
honest and worthy set of men who have achieved a vast amount of 
good and whose welfare is dear to multitudes in this country. They 
not only deserve all the protection possible, but should be shown every 
proper sympathy in their life-work." 

Mr. Bayard, Sec. of State, to Mr. Cox, luin. to Turkey, No. 9, Aug. 17, 
1885, For. Rel. 188.5. 855. 

" Information received of maltreatment suffered by an inoffensive 
American woman engaged in missionary work in Turkish Koordistan 
was followed by such representations to the Porte as resulted in the 
issuance of orders for the punishment of her assailants, the removal 
of a delinquent official, and the adoption of measures for the protec- 
tion of our citizens engaged in mission and other lawful work in that 
quarter." 

President Cleveland, annual message, Dec. 4, ^Sm, For. Rel. 180.*?, x. 

" Three of the assailants of Miss Melton, an American teacher in 
Mosul, have l>een convicted by the Ottoman courts, and I am advised 
that an appeal against the acquittal of the remaining five has been 
taken by the Turkish prosecuting officer." 

President Cleveland, annual message, Dec. .3, 1894, For. Rel. 1894, xv. 

The case was trietl at Mosul, on the river Tigris, opposite old Nineveh. 
Twelve men were found guilty of the assault. The court for tlie 
corre<-tion of errors, at Bagdad, found that the evidence justifitMl th«> 
conviction of eight of the men, hut not of the other four; Jiiid the c-aso 
was sent hack to the trial court for further proceedings. S<'i>t<'inlMT 1 7. 
1894, four of Miss Melton's assailants were sentenced to thrtv years' 



342 INTERVENTION. [§ 922. 

Imprisonment and five were discharged for insuffleient evidence. In 
a note of Se|)teiiil>cr UCi. 1S1>4, the Tnrkisli minister of foreign affairs 
state<l tliat of tlie iMjrlit men wlio were nnder arrest for the assault, 
five were ac(|uitt(Ml for insulticient evidence, while the others, two of 
whom had escaped, were condennied to three years' hard labor. The 
I'nitHl States urj;e<l the recai)ture of the two es<*aped convicts, saying 
that until it was effected, or pro|)er efforts were i)ut forth to that end. 
the incident could hardly he regarded as c1os<m1, notwithstanding the 
energy disidayed by the Turkish (Jovernment in i»ressing tlie prosecu- 
tion. (For. liel. 1S1»4. (kSS-TP-J. in connection with For. Hel. lS!j;i, 
(;4-_>-T04.) 

October 10. 1805. tlie minister of the United States at Constanti- 
nople tele<i:raplu'(l that there was apprehension of a massacre of mis- 
sionaries at Aleppo, Had j in, Mersine, and Marash. Orders had bt^en 
issued for all provinces to protect Americans. The IT. S. S. Marhle- 
hi'dd was ordered to the (iulf of Alexandretta. In resj)onse to an 
inipiiry of the Turkish minister at Washinofton it was stated that the 
visit of this vessel to Turkish waters " is in pursuance of a long- 
established usage of this government to send its vessels, in its dis- 
cretion, to the })orts of any country which may for the time being 
suffer perturbation of i)ul)lic order and where its countrymen are 
known to i)()ssess interests. This course is very general with all 
other governments, and the circumstance that a transient occasion for 
such visits may exist dws not detract from their essentially friendly 
character." 

Mr. Olney. Sec. of State, to INIavroyeni Bey, Oct. ir., 189"), For. Rel. ISO."), 
II. i:'.24. 

Early in 1895 rej^orts were received that American missionaries at 
Marash, Iladjin. Aintab. and Orfa apprehended a massacre, and that 
a hostile feeling toward them existed at Erzerum. \'an. and Hitlis. 
On the denuind of the legation of the United States at Constantinople, 
the Poi'te, while denying the existence of the rumored danger, sent 
telegraj)hic orders to the civil and military functionaries in Asia 
Minor, enjoining u])on them the j)r<)tecti()n of Americans and their 
proj)erty. Resides, the U. S. S. Mdrltlcliaul was ordered from 
(libraltar to Beirut, and the U. S. S. S(i)i Fronchco^ with Kear- 
Admiral Kirkland, commander in chief of the European station, fnmi 
Palei-mo to Smyrna. Alexandretta. and Adana, under instruction-, 
to ascertain, by conference with the United States consuls and resident 
Aiui'rican citi/.ens in the places mentioned, what foundation existed 
for the alarming ap])rehensions expivssed in regard to the massacre 
of Christians in 'I'urkey. and. in case sufficient ground should be found 
for such anxiety, to intimate to the responsible authorities of the gov- 
ernment of Turkey that it was the intention of the United States to 
afford full protection to its citizens who were peaceably residing in 



§ 922.] PROTECTION OF MISSIONARIES. 343 

that part of the workl under the guarantee of treaties." The visit of 
the ships bore a friendly character.'' Admiral Kirkland rej^jorted that 
no information could l)e obtained of any outrages on American citi- 
zens, and that his reception was everywhere most courteous.'' 

'* The number of citizens of the United States resident in the 
Turkish Empire is not accurately known. According to latest ad- 
vices, there are 172 Amei'ican missionaries, dependents of various 
mission boards in the Ignited States, scattered over Asia Minor. 
There are also numbers of our citizens engaged in business or prac- 
ticing professions in different ])arts of the Empire. Besides these, 
more or less persons, originally subjects of Turkey and since natu- 
ralized in the United States, have returned to the country of their 
birth and are temporarily residing there. The whole number of 
persons comprising these several classes can not be accurately esti- 
mated, but, the families of such citizens being considered, can hardly 
be less than five or six hundred, and may possii)ly exceed that total. 

'" Outside of the capital and a few commercial seaport towns, the 
bulk of this large American element is found in the interior of Asia 
Minor and Syria, remote from the few consular establishments main- 
tained by this government in that quarter, inaccessible except by 
difficult journeys, and isolated from each other by the broken char- 
acter of the mountain country and tlie absence of roads. Under these 
circumstances and in the midst of the alarming agitation which for 
more than a year past has existed in Asia Minor, it has been no 
slight task for the representative of the United States to follow the 
interests of those whose defense necessarily falls to his care, to de- 
mand and obtain the measures indispensable to their safety, and to 
act instantly upon every apjwal for help in view of real or appre- 
hended peril. *It is, however, gratifying to bear testimony to the 
energy and promptness of the minister in dealing with every griev- 
ance brought to his notice, and his foresight in anticipating com- 
l)laints and securing timely ])r()tecti()n in advance of actual need. 
The efforts of the minister have had the moral support of the i)res- 
ence of naval vessels of the United States on the Syrian and Adanan 
coasts from time to time as occasion required, and at the present 
time the San Franrmo and Marhlehead are about to be joined by 
the Minncajwlis, which has lately been ordered to the eastern waters 
of the Mediterranean, the s<iuadron being tmder the command of 
Kear-Admiral Selfridge. an officer whose record indicates the neces- 
sary discretion in dealing with whatever emergencies may arise." 

.Mr. OliH'.v. Sec. of State. reiK)rt to tlie rresidi-iit. Dee. 10. IS!*.". S. r)o<-. ."..'.. 
.">4 CoiiL'. 1 sess. : For. Hel. IS!)."). II. 12.".(>. 1:521 et se(|. 



"For. Hel. ISO."), II. VllM. r_>:}S. 12:50. 1240. 1241. 124:".. 1247. 12."^t. 
«- For. Kel. 1S0,">. II. 1242. 124S. 12.".0. 
cFor. Kel. 1895, II. 1245-1247. 



344 INTERVENTION. [§ 922. 

See. nlso. Mr. Olney. Sec. of State, to Mr. Terrell, niin. to Turkey, Nov. 22, 
1895, For. Rel. 189"), II. 1:M.^.. 

The following; instriu-tioJis were telegniphed. Doe. 18, 1895. to Admiral 
Self rUljio : "The MiniictipoliK ordered to Alexandretta, Syria. Marash. 
Turkey, center of danger. Suggest the concentration of vessels 
Fnited States Navy, and taking missionaries and other Americans on 
hoard, if iu»cessary. Act promptly if in your judgment advisahle to 
land force. Keej) Department fully informed. Acknowledge." (For. 
Kel. 189.5, II. 1422.) 

It has not boon " tlie policy of this govornmont to make the pro- 
lection of American missionaries in Turkey dependent upon their 
withdrawal from their ]K)sts of duty. It has boon nuide cUmu* to Dr. 
Smith [foroi<ru .secretary of the American Board of Commissioners 
for Foreign Missions] that there has been no change of policy what- 
ever in this regard. A,s in China during the recent war with Japan, 
when mob violence and anti-Christian spirit ran high in the remote 
interior provinces, this government stands ready to use its influence 
and its agencies to assert its rights by every permissible means to 
insure the safety of resident American citizens in Turkey, aiding 
them to reach places of safety should they voluntarily desire to do so. 
and exerting diplomatic pressure for their protection should they 
remain at their posts. If it aids those devoted men or their families 
to reach a place of temporary shelter, that in no way implies a condi- 
tion of abandonment of their employment. Like yourself, this De- 
partment sympathizes very keenly with the perilous situation of the 
nonworkers, the helpless women and children, who are not reasonably 
to be regarded as tied to their posts by obligations of duty, and would 
be glad to see them .shielded from harm which may possibly befall 
them. It understands that your advice as regards reiwoval has been 
confined to those nonworkers, and that you have Ix^en unremitting in 
your efforts to protect the effective ])ersonnel of the missions at their 
posts luider any and all circumstances. The Department would bo 
glad to learn that you have made this clear to Mr. Dwight also. 

"The communication of Mr. Dwight is interesting in that it brings 
picininently forward the commercial aspects of the 'American mis- 
sionary enterprises in Turkey, a point of view of much importance 
in dealing with tiie problems presented: but not, according to his 
exposition of the nuitter, disassociated from the obligations of duty 
which in his view constrain his agents to personally remain among the 
communities where those interests of trade have l)een built up in 
order to afford moral j)rotection to the native classes with whom they 
have been as.sociated in their enterprises. The latter consideration 
is a matter of conscience as to which the representatives of American 
enterj^rises must follow their own judgment or the jiulgments of the 
boards which employ them. This Government can not and should 



§ 922.] PROTECTION OF MISSIONARIES. 345 

not assume to influence them in this regard. AMiether as traders in 
vendible merchandise, according to Mr. Dwight, or as teachers in 
legitimate fields of instruction, they are entitled to the- same protec- 
tion as other American merchants or professional men. pursuing their 
trades or avocations peaceably under the guaranty of law, of existing 
capitulations, and of that usage which in Turkey has grown to have 
the force of conventional law. 

'• No problem of modern intercourse has more forcibly presented 
itself to this Government or more earnestly engaged its attention than 
that of the situation of our citizens in Turkey at the present time, 
and its determination to act without hesitancy and effectively as occa- 
sion may demand is as fixed as your own endeavor to aid the GoA^ern- 
ment in the accomplishment of its purposes has been zealous and 
unflagging.-' 

Mr. Olney, Sec. of State, to Mr. Terrell. .Jan. 16, 1896, For. Rel. 189.^, II. 
1461-1462. 

The comruunieation of Mr. Dwight alx)ve referred to, bearing date Con- 
stantinople, Dec. 26. 189.5, and addressed to Mr. Terrell, is printed, 
with Mr. Terrell's reply, in For. Rel. 1895, II. 1427-14.S4. 

See. also, Mr. Goodell to Mr. Olney, Sec. of State, Jan. 4, 189«, and Mr. 
Olney, Sec. of State, to Mr. Goodell. Jan. 8, 1896, For. RoL 189.5, II. 
1449-14.")2 : and Mr.- Terrell, min. to Turkey, to Mr. Olney, Sec. of 
State. Jan. 2.5. 1896, id. 14ri7-146S. 

See. as to charges and denials of encouragement by American missionaries 
of sedition. For. Rel. 1895, II. 1413-1416. 146.S. 1469. 

In acknowledging the receipt from the Spanish minister at Wa.sh- 
ington of the procotol concluded between Germany and S])ain 
through the mediation of Pope Leo XIII. relative to the sovereignty 
of Spain over the Caroline and Pelew islands. Mr. Bayard called 
attention to the fact that citizens of the United States had been 
actively engaged in disseminating information among tlu' inhabit- 
ants of that quarter, with a view to their prosperity, and he observed 
that it was not presumed that their treatment under the rule of 
Spain, which the protocol recognized and affirmed as between Ger- 
many and Spain and which had never been contested by the I'^nited 
States, would be any less favorable than that of (iermans and f)ther 
foreigners commorant therein. The Spanish minister subsequently 
communicated to Mr. Bayard a note from his government, in which 
it was declared that nothing was further from the intention of tiuit 
government than to .seek to liamper or embarrass in the slightest 
degree the work of Christianizing and teaching of the American 
missionaries, but that it was, on the contrary, the determination of 
the government to favor and jjromote such beneficent entcriJii-f- 
to the extent of its ability.